A federal judge granted
preliminary approval of a settlement agreement
that would provide class members with vouchers that they can use to purchase Costa merchandise from its online store or via a toll-free number. The company also agreed not to, among other things, charge shipping and handling fees on items class members purchase using vouchers, assess taxes on the portion paid for using vouchers, use the term “Lifetime Warranty” for a warranty that has the company’s current terms and conditions, and use the term “nominal fees” for fees incurred for replacing parts, including scratched lenses and frames. The settlement agreement, if approved by the court, would resolve the Smith
cases. A final fairness hearing is scheduled for April 20, 2021. For more information, go to https://sunglassessettlement.com/
March 2020: An amended complaint was filed adding the claims and plaintiffs from the Haney (Case No. 16-2017-CA-004794, Circuit Court, Fourth Judicial Circuit – Duval County) and Reed (Case No. 19-cv-1751, M.D. Fla.) cases.
August 2018: A class-action lawsuit was filed against Costa Del Mar, Inc. for allegedly misleadingly representing that its “Lifetime Warranty” protects sunglasses from manufacturer’s defects at no charge to consumers when, according to plaintiffs, the company charges a processing fee for each claim. (Smith et al v. Costa Del Mar, Inc., Case No. 18-cv-1011, M.D. Fla.)