Smith v. Costa Del Mar, Inc.

A court authorized this website because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. This website explains the lawsuit, the Settlement, your legal rights, what Settlement benefits are available, who is eligible for the Settlement benefits, and how to get them.

Judge Robert M. Dees of the Circuit Court, Fourth Judicial Circuit, of Duval County, Florida, is overseeing this lawsuit. The lawsuit is known as Smith v. Costa Del Mar, Inc., Case No. 16-2025-CA-004472. The individual who filed this lawsuit is called the “Plaintiff” and/or “Class Representative” and the company sued, Costa Del Mar, Inc., is called the “Defendant.”

You may have received a notice in connection with a settlement of this 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. That settlement was vacated and is no longer in effect.

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who timely exclude themselves (opt out) from the class.

The Class Representative in this lawsuit is Plaintiff R. Troy Smith.

The Class's Legal Claims. This is a class action lawsuit brought under the Magnuson-Moss Warranty Act ("MMWA"), 15 U.S.C. §§ 2301, et seq. The lawsuit alleges that Costa sold its non-prescription, non-promotional sunglasses with a "Lifetime Warranty" against manufacturer's defects. The lawsuit alleges that Costa's "Lifetime Warranty" constitutes a "full warranty" under the MMWA, which requires warrantors to remedy defects in a consumer product "without charge." The lawsuit further alleges that, despite offering a full "Lifetime Warranty," Costa charged consumers a fee of $11.95 plus tax per warranty claim to repair or replace sunglasses damaged by a manufacturer's defect, in violation of the MMWA. The Plaintiff argues that each Class Member who paid a warranty processing fee should be entitled to recover the fee Costa charged, because the MMWA requires that Costa honor its full warranty "without charge." The Plaintiff also seeks costs of suit, pre- and post-judgment interest, and reasonable attorneys’ fees.

Costa performed approximately 909,685 warranty repairs during the class period. Under the MMWA, Class Members may be entitled to recover the amount of the processing fee ($11.95 plus tax) that they paid for each repair of Costa sunglasses damaged by a manufacturer’s defect during the class period.

Costa's Defenses. Costa denies that it violated the MMWA or engaged in any illegal warranty practices as alleged in the lawsuit, denies the legal claims, and denies any wrongdoing or liability. Costa has raised numerous defenses, including:

• Costa contends that its warranty at all times clearly disclosed the processing fee to consumers and that the warranty fee was otherwise permissible.
• Costa contends that some or all of the warranty processing fee was for incidental or other expenses permitted to be recovered under the MMWA.
• Costa contends that Plaintiff filed his legal claim too late and that his claim is barred by a statute of limitations, because the warranty repair at issue occurred in 2015 but this lawsuit was not filed until 2025.
• Costa contends that this case is not properly certifiable as a class action because Plaintiff cannot satisfy the requirements of Florida law for class actions.

Each of these defenses, if decided against the Plaintiff, could result in Class Members obtaining no relief from the lawsuit. The Court has not ruled on the merits of the legal claims or defenses. The Court has not made any determination that Costa engaged in any wrongdoing or violated any law. The Plaintiff and Costa have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit. If the settlement is not approved, there is no assurance that the class will recover more than the settlement provides, or anything at all.

The Key Legal Issues. Several legal issues remain to be decided in the lawsuit that could affect your legal claims, including

• Whether the case is properly certifiable as a class action under Florida law.
• Whether Costa's "Lifetime Warranty" constitutes a "full warranty" under the MMWA.
• Whether the $11.95 processing fee Costa charged per warranty claim violates the MMWA's requirements.
• Whether some or all of the warranty processing fee was for incidental or other expenses and, if so, whether those expenses are permitted to be recovered under the MMWA.
• Whether the lawsuit is barred by an applicable statute of limitations.
• If the Plaintiff were to prevail, how much each Class Member should be paid.

These issues have not been decided in the lawsuit, and the outcome of each issue could affect the Plaintiff’s and Class Members’ rights.

The Plaintiff and Costa do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiff or Costa. Instead, the Plaintiff and Costa have agreed to settle the lawsuit. The Class Representative, Costa, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit.

You may have received a notice in connection with a settlement of this 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. That settlement was vacated and is no longer in effect.

You are a Settlement Class Member if you are a citizen in the United States who (i) purchased a pair of non-prescription Costa sunglasses prior to January 1, 2016; and (ii) paid Costa a warranty fee to repair or replace those sunglasses damaged by a manufacturer’s defect from August 20, 2013, to February 29, 2020.

Yes. Excluded from the Settlement Class are: Costa, any entity or division in which Costa has a controlling interest, their legal representatives, employees, officers, directors, assigns, and successors, the judge and judge’s staff to whom the lawsuit is assigned, and counsel for the Parties in the lawsuit.

If you are still not sure whether you are a Settlement Class Member, you can get free help by calling 1-877-502-7701 or writing to the lawyers in this lawsuit at the address listed in FAQ 20 below.

As a result of the Settlement, Costa has agreed to create a $4,095,000 Settlement Fund.

If you are a Settlement Class Member, you will automatically receive a pro rata (a legal term meaning equal share) cash payment for each eligible repair.

For purposes of calculating the cash payment amount, the Settlement Administrator must first distribute funds in the Settlement Fund for the payment of Attorneys’ Fees and Expenses and Settlement Administration costs.

Any residual funds remaining in the Net Settlement Fund after distribution of the cash payments will be issued to Captains for Clean Water, subject to Court approval.

Unless you exclude yourself (opt out), you will remain in the Settlement Class and automatically receive a cash payment. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Costa or the Released Parties about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims.”

Section 9 of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Releases, Released Claims, or Released Parties and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 20 for free, or you can talk to your own lawyer at your own expense.

If you are a Settlement Class Member and you do nothing, you will automatically receive a cash payment. You will give up your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Costa and the Released Parties about the legal claims that are released by the Settlement.

If you change your mailing address or email address, it is your responsibility to inform the Settlement Administrator of your updated information, including any change in contact information since you submitted your warranty claim to Costa. You may notify the Settlement Administrator of any changes by writing to:

Smith v. Costa Settlement
Settlement Administrator
P.O. Box 4290
Portland, OR 97208-4290

If you are a Settlement Class Member and you do not opt out, your automatic cash payment will be provided after the Settlement is approved by the Court and becomes final. You will be given the option to select a payment method in your email or here.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1. The case name - Smith v. Costa Del Mar, Inc.;
2. Your name and address;
3. Your personal physical signature; and
4. A statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in Smith v. Costa Del Mar, Inc., Case No. 16-2025-CA-004472.”

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by October 8, 2026:

Smith v. Costa Settlement
Settlement Administrator
P.O. Box 4290
Portland, OR 97208-4290

Please note that, per the U.S. Postal Service, mail may not be postmarked the day it is deposited in a mailbox or at a local post office. Postmarks occur when mail reaches a processing facility. To meet a postmark deadline, mail at least a week prior to a postmark deadline, get a manual postmark in-person at any post office, or send via Certified Mail.

You cannot opt-out (exclude yourself) by telephone or by email.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where the opt out has not been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt-out, you will not receive a cash payment, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get a cash payment if you stay in the Settlement Class.

No. Unless you opt-out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Parties about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Attorneys’ Fees and Expenses.

To object, you must file your timely written objection with the Court as provided below by October 8, 2026, and send by U.S. mail to Class Counsel and Costa’s Counsel postmarked by October 8, 2026, stating you object to the Settlement in Smith v. Costa Del Mar, Inc., Case No. 16-2025-CA-004472.

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:

1. The case name and number - Smith v. Costa Del Mar, Inc., Case No. 16-2025-CA-004472;
2. Your full name, mailing address, and telephone number;
3. The name, mailing address, and telephone number of the lawyer representing you (if any);
4. The basis for the objection and;
5. A statement confirming whether you intend to personally appear at the Final Approval Hearing either with or without your lawyer.

To object, you must file your timely written objection with the Court by October 8, 2026, and send it by U.S. Mail to Class Counsel and Costa’s Counsel postmarked by October 8, 2026, and at the following addresses:

Please note that, per the U.S. Postal Service, mail may not be postmarked the day it is deposited in a mailbox or at a local post office. Postmarks occur when mail reaches a processing facility. To meet a postmark deadline, mail at least a week prior to a postmark deadline, get a manual postmark in-person at any post office, or send via Certified Mail.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting-out is telling the Court that you do not want to be part of the Settlement Class. If you opt-out, you cannot object because you are no longer part of the Settlement.

Yes. The Court appointed the lawyers below as “Class Counsel.” They are experienced in handling similar class action lawsuits. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Peter Hargitai
Joshua Roberts
Laura Renstrom
Michael Gropper
HOLLAND & KNIGHT LLP
50 North Laura Street
Suite 3900
Jacksonville, FL 32202

Class Counsel will file a motion asking the Court to award Attorneys’ Fees and Expenses in the total amount of $1,200,000 from the Settlement Fund. If awarded by the Court, the Attorneys’ Fees and Expenses will be paid from the Settlement Fund. The Court may award less than this amount.

The Court will hold a Final Approval Hearing on January 20, 2027, at 9:30 a.m. before the Honorable Robert M. Dees, Circuit Judge, at the Fourth Judicial Circuit Courthouse, 501 W Adams St, Jacksonville, FL 32202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement and Class Counsel’s Attorneys’ Fees and Expenses.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may hear objections at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website to confirm the date and time of the Final Approval Hearing have not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.

Yes. You may ask to speak at the Final Approval Hearing if you object. To do so, you (or your lawyer) must file a Notice of Intention to Appear with the Court, Class Counsel, and Costa’s Counsel.

Your Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that you will present to the Court in connection with the Final Approval Hearing.

This website summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at here, by calling toll-free 1-877-502-7701, or by writing to:

Smith v. Costa Settlement
Settlement Administrator
P.O. Box 4290
Portland, OR 97208-4290

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS WEBSITE.