Welcome to the Information Website for the Smith v. Costa Del Mar, Inc. Settlement.

Costa Del Mar, Inc. (“Costa”) settled a class action lawsuit related to whether Costa improperly (i) charged more than a “nominal” fee for repairs to Costa sunglasses damaged by accident, normal wear and tear, or misuse, and (ii) charged fees for warranty repairs on Costa sunglasses backed by a “Lifetime Warranty.”

You may be entitled to receive one or more Product Vouchers between $8.99 and $19.99, based on certain eligibility requirements discussed in the Long Form Notice and on this website.

Your legal rights are affected whether you act or do not act.


Your Legal Rights and Options in This Settlement
Submit a Claim Form
Deadline: January 31, 2021

If you are in the Florida Repair Class, Nationwide Class, or Warranty Class, you are not required to submit a claim form. You will automatically receive the Product Voucher(s) to which you are entitled if the Settlement is approved and becomes final.

If you believe you are a member of the Florida Purchase Class, you must submit a claim form to get the benefits for which you may be eligible. This is the only way to get a Product Voucher(s).
Exclude Yourself
Deadline: January 31, 2021		 Ask to get out (opt out) of the proposed Settlement. If you do this, you will receive no benefits, but you will retain any rights you may currently have to sue Costa about the claims in this case.
Object
Deadline: March 1, 2021		 Write to the Court explaining why you don’t like the Settlement.
Go to the Fairness Hearing
Deadline: March 1, 2021
Hearing Date: April 20, 2021		 Provide advance written notice to speak in Court about your opinion of the Settlement.
Do Nothing

Florida Purchase Class: You will not receive Settlement benefits that you may otherwise be eligible for, and you give up your rights to sue Costa about the claims in this case.

Florida Repair Class, Nationwide Repair Class, and Warranty Class: You automatically receive Settlement benefits that you are eligible for, and you give up your rights to sue Costa about the claims in this case.

Current Status

February 28, 2022 Update:

An appeal was filed for this matter on February 28, 2022. These appeals can take several months to resolve and it is not clear when a resolution may occur. Any update to the status of the case will be posted to this website when known.


Important Dates
  • Please see class definitions here.
    Class Period
  • January 31, 2021
    Deadline to Submit a Claim Form
  • January 31, 2021
    Deadline to Exclude Yourself from the Settlement
  • March 1, 2021
    Deadline to Object to the Settlement
  • April 20, 2021
    Fairness Hearing