Costa Del Mar $21.75 million Florida sunglasses settlement

Costa Del Mar, Inc. has agreed to a proposed $21.75 million settlement with Florida customers over its promise to repair damaged sunglasses for a "nominal fee." The case is Haney v. Costa Del Mar, Inc., Case No. 16-2017-CA-004794, in the Circuit Court of the Fourth Judicial Circuit in Duval County, Florida. Costa denies wrongdoing, and the court has not decided who is right.

The settlement has two groups, and both are limited to Florida citizens. Buyers of qualifying Costa sunglasses from July 28, 2013 to January 31, 2018 must file a claim by January 11, 2027. Customers Costa charged more than $11.95 for a qualifying repair are paid automatically. The official settlement website handles claims.

Brendan Haney is the plaintiff and class representative, meaning he brings claims for the defined groups. Costa Del Mar, Inc. is the defendant, a sunglasses maker. The settlement's release covers EssilorLuxottica and its subsidiaries and affiliates, which the agreement names alongside Costa.

The court appointed Peter Hargitai, Joshua Roberts, Laura Renstrom and Michael Gropper of Holland & Knight LLP in Jacksonville as class counsel. McGuireWoods LLP represents Costa. Epiq Class Action & Claims Solutions is the settlement administrator, which sends notices, processes claims and pays class members. Judge Bruce R. Anderson oversees the case.

According to the settlement agreement, Haney filed the lawsuit in 2017. On April 12, 2019, the court certified a Purchase Class and a Repair Class. The court-authorized notice says class members may have received a notice in 2025 about that certification.

The parties went to trial in January 2026. The agreement says the trial was declared a mistrial and set for retrial. After three earlier mediation sessions, the parties reached agreement on material settlement terms on April 2, 2026, with mediator Terry White. A court-authorized notice of the settlement appeared on PR Newswire on October 12, 2026.

The agreement describes the case as one of three related lawsuits against Costa that the parties resolved together. The others are Reed v. Costa Del Mar, Inc. in federal court in the Middle District of Florida and Smith v. Costa Del Mar, Inc. in the same Duval County court. This article covers only the Florida Haney settlement.

The lawsuit alleges Costa's packaging promised to replace scratched lenses, frames and other parts damaged by accident, normal wear and tear, or misuse for a nominal fee, then charged more than a nominal fee as commonly understood. It also alleges Costa did not disclose repair charges until customers had mailed in their sunglasses. The claims were brought under the Florida Deceptive and Unfair Trade Practices Act and the federal Magnuson-Moss Warranty Act. The plaintiff contends a nominal fee is at most $11.95.

Costa denies wrongdoing and liability. According to the notice, Costa contends the packaging language was marketing, not a warranty; that its fees were in fact nominal; that buyers who never saw the language were not harmed; and that any warranty covered only manufacturer's defects.

The court certified the classes and authorized notice of the settlement. It has not ruled on the merits, has not decided what a nominal fee is, and has not given final approval. The notice states that no payments will be made unless the court approves the settlement.

The Purchase Class is Florida citizens who bought non-prescription, non-promotional Costa sunglasses for personal use between July 28, 2013 and January 31, 2018.

The Repair Class is Florida citizens who bought non-prescription, non-promotional Costa sunglasses for personal use on or before January 31, 2018, and whom Costa charged a fee between July 28, 2012 and January 26, 2025 to replace damaged parts of those sunglasses. Only repairs that cost more than $11.95 qualify.

Prescription and promotional sunglasses are outside both groups. Excluded people include Costa and entities it controls, its legal representatives, employees, officers and directors, and the judge and judge's staff. If you live outside Florida, this settlement does not cover you.

Purchase Class members must file a claim to be paid. File online at CostaSunglassLitigation.com by January 11, 2027, or mail a paper claim form postmarked by that date to Haney v. Costa Del Mar, Inc. Settlement Administrator, PO Box 4153, Portland, OR 97208-4153.

Repair Class members do not need to file. The administrator identifies qualifying repairs from Costa's records. Keep your mailing and email address current with the administrator so the payment reaches you.

Questions go to the administrator at 1-833-558-0945 or info@CostaSunglassLitigation.com. A Class Action Pulse inquiry does not file a claim.

The fund is $21,750,000. Of that, $6,375,000 is set aside for the Purchase Class and split pro rata, with one share for each qualifying pair claimed. Up to five purchases can be claimed without supporting documents; documents may be required for more than five.

The Repair Class receives what remains after the Purchase Class allocation, administration costs and court-approved attorneys' fees and expenses. Class counsel will ask for $7,303,605, and the court may award less. Each qualifying repair earns one pro rata share. No per-person amount has been announced.

Class members will receive an email to choose paper check, Venmo, PayPal or Zelle. Anyone who does not choose gets a check. Payments not cashed or claimed within 60 days of distribution are voided. If at least $150,000 is left, a second distribution goes to those who collected their first payment; any remainder goes to Captains for Clean Water, subject to court approval.

• January 11, 2027: Purchase Class claim deadline, online or postmarked.
• January 19, 2027: deadline to exclude yourself by postmarked mail, or to file an objection with the court.
• March 23, 2027, 9:00 a.m. ET: final approval hearing at the Fourth Judicial Circuit Courthouse, 501 W. Adams St., Jacksonville. The date can change.

Excluding yourself, often called opting out, keeps your right to sue separately but gives up any payment. It must be signed and mailed; phone and email requests are not accepted. An objection tells the court why you disagree while you stay in the settlement. If you do nothing, Repair Class members are paid and Purchase Class members are not, and both give up the released claims.

Pro rata means an equal share of a fixed pool, so the amount depends on how many people take part. A nominal fee is a small or token charge; what counts as nominal here was never decided. Cy pres is a court-approved transfer of leftover funds to a related nonprofit. A release is the legal promise not to sue over the settled claims.

Claims close January 11, and the court considers final approval March 23. Under the agreement, distribution happens 37 days after the settlement becomes effective, which occurs only after final approval and any appeals end.

A practical note: Purchase Class buyers who claim five or fewer pairs do not need receipts. Count your pairs from the period honestly before filing.

The court-authorized notice and the settlement agreement support the classes, allocations, fees, deadlines, payment methods, counsel and hearing. The agreement supports the case history and related cases. The PR Newswire notice confirms the published terms. The copies reviewed were mirrored from the official website, which blocked automated access to its document pages.

Class Action Pulse is not a law firm or settlement administrator and does not guarantee eligibility or payment. This article is general information, not legal advice.