A Court authorized this Notice. This is not a solicitation from a lawyer.
Florida citizenswho purchased nonprescription, non-promotional Costa sunglasses between July 28, 2013, and January 31, 2018, or were charged a fee by Costa to replace damaged sunglasses between July 28, 2012 and the present date (for sunglasses purchased before January 31, 2018), may be part of a class action lawsuit pending in the Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida (the “Court”). The lawsuit is known as Haney v. Costa Del Mar Inc.,Case No. 16-2017-CA-004794-XXXX-MA.1The company being sued is Costa Del Mar, Inc. (“Costa”). This Notice summarizes your rights and options before an upcoming trial.
What is the lawsuit about? The lawsuit claims that: (i) Costa's promise to repair sunglasses for a “nominal fee” was false, unfair, deceptive, and likely to mislead a reasonable consumer; and (ii) Costa breached the “nominal fee” warranty when it charged consumers more than a nominal fee to repair sunglasses damaged by accident, normal wear and tear, or misuse. Costa denies that it engaged in any false, deceptive, or misleading conduct or that it breached any warranty as claimed in the lawsuit, denies the legal claims, and denies any wrongdoing or liability.
The Court has not decided who is right or wrong. There is no money available now, and no guarantee there will be. You will be notified if money or benefits become available. However, if you are a member of the class described above, your legal rights are affected, and you have a choice to make now.
Who is Part of the Class? You are a class member if you meet one of the following definitions defined by the Court:
All citizens of the State of Florida who, within the four years preceding the filing of the Complaint (between July 28, 2013, and January 31, 2018), purchased nonprescription, non-promotional Costa sunglasses for personal use.
All citizens of the State of Florida who, within the five years preceding the filing of the Complaint (from July 28, 2012 to the present), were charged a fee by Costa to replace damaged components of their nonprescription, non-promotional Costa sunglasses purchased before January 31, 2018.
What are my Options? If you are a Class member, you must choose whether to stay in the Class, appear in the lawsuit, or ask to be excluded. If you stay in the Class, and money or benefits are obtained for the Class, you will be notified about how you can share in any benefits for which you are eligible. You will be bound by all orders and judgments of the Court, whether favorable or not, and you won't be able to sue Costa for the claims at issue in this case. If you want to stay in the Class, YOU DO NOT HAVE TO DO ANYTHING NOW.
You may choose to appear in the lawsuit by July 14, 2025. If you choose to exclude yourself from the Class, you must mail a written request to the Court for exclusion, postmarked by July 14, 2025. The Long Form Notice available at the website has more information on how to request to appear or to be excluded. If you exclude yourself, you cannot get any money or benefits from this lawsuit, but you will not be bound by any orders or judgments in this case.
The Trial. Plaintiff will have to prove the claims at a trial. The trial is currently scheduled to begin August 11, 2025. There is no guarantee that the Plaintiff will win, or that theywill get any money for the Class. Class Counsel will present the case for Plaintiff and the Class, and lawyers for Costa will present on their behalf. You or your lawyer may attend the trial at your own expense, but you do not have to.
For more information, visit www.CostaSunglassLitigation.com,or call 1-833-558-0945.
1 You may have received a notice in connection with a settlement of a different lawsuit known as Smith v. Costa Del Mar, Inc., Case No. 3:18-CV-1011-TJC-LLL, in the United States District Court, Middle District of Florida. The settlement in the Smith lawsuit was vacated and no longer is in effect.
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SOURCE Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida
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