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Costa Del Mar Deceptive Lifetime Warranty on Sunglasses Class Action

Costa Del Mar, Inc. touts its sunglasses as being backed by its “rock solid Lifetime Warranty” against manufacturer’s defects. But the complaint for this class action claims that the company has violated the law, because it requires that customers pay to repair or replace the sunglasses.

The complaint for this class action is all US citizens who, prior to Costa’s switch to a “Limited Lifetime Warranty,” bought a pair of Costa sunglasses backed by a “Lifetime Warranty” who, within the applicable limitations period, paid Costa a fee to repair or replace those sunglasses which had a manufacturer’s defect.

Costa is reportedly the fourth-largest brand of sunglasses in the US. Costa’s lifetime warranty, which it claims is “the best in the industry,” is featured prominently in its advertising, on its boxes, and on its website.

For example, the complaint claims that boxes are marked with “Backed by our lifetime warranty” in all capital letters, along with the line, “[W]e stand behind our craftsmanship with a rock solid Lifetime Warranty against manufacturer’s defects.” Similarly, the complaint says its website claims that the sunglasses are “Backed for life” and claims, “If a pair of Costas needs to be fixed, they get sent back to the shop where they were made and the Costa Repair Shop experts will bring them back to ‘like new’ standards.”

Plaintiff Troy Smith bought a pair of Costa Fisch sunglasses which were supposedly backed by this wonderful warranty. According to the complaint, in September 2015, he sent the sunglasses to Costa’s warranty center. The warranty center inspected the sunglasses and determined that the rubber nose piece needed replacement and that the lenses were delaminated. The complaint claims that the company accepted that these issues were caused by a manufacturing defect.

However, the company did not repair or replace the sunglasses for free. Instead, the complaint says, it charged Smith $11.95 plus tax, which is apparently what it charges all customers who attempt to make a claim under the warranty.

This, the complaint says, is illegal. The complaint points out that the Magnuson-Moss Warranty Act (MMWA), a federal law, “requires warrantors like Costa advertising full lifetime warranties to remedy consumer products ‘without charge.’” The complaint thus claims violation of the MMWA and asks for redress for all customers who have been forced to pay in order to use the warranty.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Costa Del Mar Deceptive Lifetime Warranty on Sunglasses Complaint

August 20, 2018

Costa Del Mar, Inc. touts its sunglasses as being backed by its “rock solid Lifetime Warranty” against manufacturer’s defects. But the complaint for this class action claims that the company has violated the law, because it requires that customers pay to repair or replace the sunglasses. 

costa_del_mar_life_time_warranty_fee_complaint.pdf

Case Event History

Costa Del Mar Deceptive Lifetime Warranty on Sunglasses Complaint

August 20, 2018

Costa Del Mar, Inc. touts its sunglasses as being backed by its “rock solid Lifetime Warranty” against manufacturer’s defects. But the complaint for this class action claims that the company has violated the law, because it requires that customers pay to repair or replace the sunglasses. 

costa_del_mar_life_time_warranty_fee_complaint.pdf
Tags: Breach of warranty, Requiring Payment for Use of Warranty, Warranty