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Sunglasses maker Costa Del Mar has agreed to pay $60 million to resolve claims that it misleadingly portrayed its lifetime warranty. Under the terms of the settlement, Costa’s customers can receive product vouchers worth between $8.99 and $19.99.
The settlement benefits several Classes of consumers, including a nationwide Class of consumers who purchased Costa plano sunglasses before Jan. 1, 2018, and were charged a repair fee by Costa since April 3, 2015, to repair or replace their Costa plano sunglasses damaged by accident, normal wear and tear or misuse. All of the covered Classes along with other information can be found in the “Who’s Eligible” section below.
Plaintiffs in the Costa sunglasses class action lawsuit claimed the company violated the law by requiring consumers to pay warranty fees. Allegedly, these fees violated representations by Costa which promised a lifetime warranty on sunglasses purchases.
Costa’s sunglasses are popular among fishermen and boaters.
Costa has not admitted any wrongdoing but has agreed to provide more than $60 million in benefits to consumers in a settlement deal. The retailer is providing $40 million in product vouchers and an additional $21 million by covering shipping and handling on purchases made using the vouchers.
Under the terms of the Costa sunglasses lifetime warranty settlement, Class Members can collect product vouchers worth between $8.99 and $19.99.
Exact voucher amounts will vary depending on which Class a claimant belongs to.
The Florida Repair Class will receive $19.99 vouchers, the Nationwide Repair Class will receive $19.99 vouchers, the Florida Purchase Class will receive $10 vouchers, and the Warranty Class will receive $8.99 vouchers.
In order to benefit from the settlement, Class Members must file a valid claim form by Jan. 31, 2021. Multiple purchases can be claimed on a claim form, though documentation of purchases are required for claimants who are claiming more than five purchases.
The deadline for exclusion is Jan. 31, 2021. The deadline for objection is March 1, 2021. The final approval hearing for the Costa sunglasses lifetime warranty settlement is April 20, 2021.
Several Classes of consumers are eligible:
- Florida Purchase Class: Florida customers who purchased Costa plano sunglasses from July 28, 2013, to Jan. 31, 2018;
- Florida Repair Class: Florida customers who purchased Costa plano sunglasses before Jan. 1, 2018, and were charged a warranty fee by Costa since July 28, 2012, to repair or replace their Costa plano sunglasses damaged by accident, normal wear and tear or misuse;
- Nationwide Repair Class: Consumers (excluding Florida residents) who purchased Costa plano sunglasses before Jan. 1, 2018, and were charged a repair fee by Costa since April 3, 2015, to repair or replace their Costa plano sunglasses damaged by accident, normal wear and tear, or misuse;
- Warranty Class: Consumers purchased nonprescription Costa sunglasses prior to Jan. 1, 2016, and paid Costa a warranty fee to repair or replace nonprescription sunglasses damaged by a manufacturer’s defect since Aug. 20, 2013.
All Costa brand non-prescription, non-promotional sunglasses are included in the Florida Purchase Class, Florida Repair Class, and Nationwide Repair Class. However, USA Limited Edition, Kenny Chesney Limited Edition, and Ocearch Special Collection sunglasses are not included in purchases by the Florida Purchase Class, Florida Repair Class, and Nationwide Repair Class.
Product vouchers worth between $8.99 and $19.99.
Exact voucher amount will vary depending on the Class a claimant belongs to, as follows:
- Florida Repair Class: $19.99 vouchers;
- Nationwide Repair Class: $19.99 vouchers;
- Florida Purchase Class: $10 vouchers;
- Warranty Class: $8.99 vouchers.
Multiple purchases can be claimed on a claim form.
Proof of Purchase
Documentation of purchases are required for claimants who are claiming more than five purchases.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
Smith, et al. v. Costa Del Mar Inc., Case No. 3:18-cv-01011, in the U.S. District Court for the Middle District of Florida
Smith v. Costa Del Mar, Inc. Settlement
P.O. Box 3259
Portland, OR 97208-3259
Peter P. Hargitai
Joshua H. Roberts
Laura B. Renstrom
Michael M. Gropper
HOLLAND & KNIGHT LLP
Sara F. Holladay-Tobias
Emily Y. Rottmann
Justin R. Opitz
Mark E. Anderson
Jocelyn M. Mallette
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.