Settlement Structure: Claims Made
Active: OpenCase Summary:
Costa Del Mar, Inc. is choosing to settle a class action concerning repairs on its sunglasses. The complaint alleged that the company charged more than the advertised “nominal fee” for repairs to sunglasses required due to accidents, normal wear and tear, or misuse, and charged fees to repair sunglasses that supposedly were covered by a “Lifetime Warranty.”Docket Number:
Company: Costa Del Mar Inc.
Filing Deadline: January 31, 2021
Class Period: July 28, 2012
Objection Deadline: March 1, 2021
Exclusion Deadline: January 31, 2021
Final Approval Hearing: April 20, 2021Proof of Purchase:
You do not have to submit proof if you’re making a claim for no more than five pairs. If you are in the Florida Repair Class, Nationwide Class, or Warranty Class, you also do not have to submit a claim form. You will receive the vouchers you’re entitled to automatically, at the e-mail or mailing address Costa has on file for you.Eligibility:
You may be eligible if you belong to one of these four classes:
- Florida Purchase Class: All citizens of Florida who bought Costa “plano” sunglasses between July 28, 2013 and January 31, 2018.
- Florida Repair Class: All citizens of Florida who (a) bought Costa “plano” sunglasses before January 1, 2018 and (b) were charged a fee, between July 28, 2012 and the date of entry of the Final Order in this case, for Costa to repair or replace their Costa “plano” sunglasses damaged due to accident, normal wear and tear, or misuse.
- Nationwide Repair Class: All US citizens (except for Florida citizens) who (a) bought Costa “plano” sunglasses before January 1, 2018 and (b) were charged a repair fee, between April 3, 2015 and the date of entry of the Final Order in this case, for Costa to repair or replace their Costa “plano” sunglasses damaged due to accident, normal wear and tear, or misuse.
- Warranty Class: All US citizens who (a) bought Costa non-prescription sunglasses before January 1, 2016 and (b) paid Costa a warranty fee, between August 20, 2013 and the date of entry of the Final Order in this case, for Costa to repair or replace the sunglasses damaged by a manufacturing defect.
If you are in the Florida Purchase, Florida Repair, or Nationwide Repair Classes, your sunglasses must be non-prescription and non-promotional sunglasses (“plano” sunglasses). These do not include USA Limited Edition, Kenny Chesney Limited Edition, or Ocearch Special Collection sunglasses. If you are in the Warranty Class, all Costa-brand, non-prescription sunglasses are included.
Those who fall into both the Florida Repair and Florida Purchase classes for only one pair of sunglasses, you will receive only a voucher from the Florida Repair Class for the single pair of sunglasses.Typical Settlement Amount:
Vouchers. Florida and Nationwide Repair Classes: Voucher worth $19.99. Florida Purchase Class: Voucher worth $10.00. Warranty Class: Voucher worth $8.99. Vouchers will be good for two years. For further details, see the Notice at https://sunglassessettlement.com/Content/Documents/Notice.pdf.
Total Settlement Amount: $40,000,000Class Representative Proposed Incentive Fee:
Up to $10,000 for each
Holland & Knight LLP
Claim Form: Costa Del Mar Sunglasses Settlement Claim Form
Case Name: Troy Smith, et al. v. Costa Del Mar, Inc.
Settlement Website: Costa Del Mar Sunglasses Settlement Website
Epiq Class Action & Claims Solutions, Inc.
Smith v. Costa Del Mar, Inc. Settlement
P.O. Box 3259
Portland, OR 97208-3259