Costa Sunglass Warranty Settlement
This settlement concerns allegations that Costa charged a warranty fee for certain manufacturer-defect repairs or replacements of non-prescription sunglasses. Eligible class members who stay in the settlement will receive an automatic pro rata cash payment for each eligible repair after the settlement is approved and becomes final.
Benefit Summary
Eligible class members: available benefits include Pro rata cash for each eligible repair.
Payments come from the $4,095,000 settlement fund and may change after approved deductions.
Available Awards
Pro rata cash for each eligible repair
Who Is Included
U.S. citizens who bought non-prescription Costa sunglasses before January 1, 2016 and paid Costa a warranty fee for a manufacturer-defect repair or replacement from August 20, 2013 through February 29, 2020, subject to the listed exclusions.
- Products included: Non-prescription Costa sunglasses
- Purchase window: Prior to January 1, 2016
- Proof required: No supporting documents are stated as required for the automatic cash payment; eligibility is limited to qualifying purchases and warranty-fee repairs or replacements.
Questions & Answers
Do I need to file a claim or provide documents to get paid?
No claim form or separate request is described in the notice. If you are a Settlement Class Member and remain in the settlement, the payment is automatic.
The notice also does not state that you must submit receipts or other supporting documents for this automatic payment. It does not give a separate procedure for establishing which repairs are eligible.
How much could the cash payment be?
The payment is a pro rata share for each eligible repair. This means the amount is not fixed in the notice and will be calculated from the money available after settlement administration costs and attorneys’ fees and expenses are paid.
Costa agreed to create a $4,095,000 settlement fund, but that is the total fund rather than a promised payment amount for each person or repair.
When and how will payment be sent?
Payments will be provided only after the Court approves the settlement and it becomes final. The notice does not give a payment date.
The notice says eligible members will be offered a choice of payment method through email or the settlement website.
What should I do if my address or email changes?
If your mailing or email address changes, notify the Settlement Administrator. The notice places responsibility for keeping contact information current on the class member.
Write to: Smith v. Costa Del Mar, Inc., Settlement Administrator, PO Box 4290, Portland, OR 97208-4290.
How do I opt out, and what happens if I do?
Opting out means leaving the settlement. You will not receive a cash payment, but you will not be bound by the settlement or its judgments.
- Mail a written exclusion request to the Settlement Administrator.
- Include the case name, your name and address, your physical signature, and a statement that you want to be excluded.
- Make sure it is postmarked by October 8, 2026. Telephone and email opt-outs are not allowed.
Can I object instead of opting out?
If you stay in the settlement, you may object to the settlement or to attorneys’ fees and expenses. You must file a written objection with the Court and mail it to both Class Counsel and Costa’s Counsel by October 8, 2026.
You cannot both opt out and object. An objection allows you to remain in the settlement while telling the Court what you disagree with.
What rights do I give up if I stay in the settlement?
Unless you opt out, you will remain in the settlement class. If the settlement becomes final, you will give up the right to bring or continue certain claims against Costa and the other released parties that are covered by the settlement.
The notice calls these waived rights “Released Claims.” It directs readers to Section 9 of the Settlement Agreement for the full legal description.
What is the Final Approval Hearing, and do I have to attend?
The Court is scheduled to hold the Final Approval Hearing on January 20, 2027, at 9:30 a.m. at the Fourth Judicial Circuit Courthouse in Jacksonville, Florida. The Court will decide whether to approve the settlement and the requested attorneys’ fees and expenses.
You do not have to attend. The notice says the hearing date, time, format, or location may change.
Other Important Dates
- Exclusion deadline: 2026-10-08
- Objection deadline: 2026-10-08
- Final approval hearing: January 20, 2027, at 9:30 a.m.
- Hearing location: Fourth Judicial Circuit Courthouse, 501 W Adams St, Jacksonville, FL 32202
Case Details
- Total settlement fund: $4,095,000
- Case name: Smith v. Costa Del Mar, Inc.
- Case number: 16-2025-CA-004472
- Court: Circuit Court, Fourth Judicial Circuit, of Duval County, Florida
- Administrator: Smith v. Costa Del Mar, Inc. Settlement Administrator
Sources
Court-approved notice describing eligibility and benefits