Haney v Costa Del Mar Inc.

This Notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you if you are a citizen of the State of Florida who, within the four years preceding the filing of the Complaint, purchased nonprescription, non-promotional Costa sunglasses for personal use or who, within the five years preceding the filing of the Complaint, were charged a fee by Costa to replace damaged components of their nonprescription, non-promotional Costa sunglasses.

Judge Bruce Anderson of the Circuit Court, Fourth Judicial Circuit, in and for Duval County, Florida is overseeing this lawsuit. The lawsuit is known as Haney v. Costa Del Mar Inc., Case No. 16-2017-CA-004794-XXXX-MA. 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.

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 Brendan Haney.

The lawsuit claims that Costa’s statement that it replaces scratched lenses, frames and other parts damaged by accident, normal wear and tear, or misuse for a “nominal fee” is false, deceptive, and misleading in violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §§ 501.201, et seq., and constitutes a breach of warranty under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. §§ 2301, et seq.

Costa denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated.

The Court has not decided whether Plaintiff or Costa is right. By establishing the class and providing this Notice, the Court has not decided and is not suggesting that Plaintiff will win or lose this lawsuit. The parties have a chance to prove or disprove their legal claims and/or defenses. Plaintiff must prove their legal claims at the trial.

Plaintiff is asking for money for the class members for Costa’s alleged wrongdoings. The Plaintiff is also asking for injunctive relief or equitable relief (a legal term that means Plaintiff is asking Costa to stop doing the alleged wrongdoings) as decided by the Court, and attorneys’ fees and costs for Class Counsel.

No money or benefits are available now. The Court has not decided whether Costa did anything wrong, and Plaintiff and Costa have not settled the lawsuit. There is no guarantee money or benefits will be obtained in the future. You will be notified if money or benefits become available.

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.

If you are still not sure whether you are included in the class, you can get free help by reviewing this website or by calling 1-833-558-0945, or writing to the lawyers in this lawsuit, at the address listed in FAQ 12.

You do not have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit in the future. By doing nothing you are staying in the class and if the Plaintiff obtains money or benefits in the future, you will be notified about how to get your share. If you do nothing now, you will not be able to sue or continue to sue Costa—as part of any other lawsuit—about the same legal claims in this lawsuit. You will also be legally bound by the orders and judgments.

If you want to sue Costa on your own regarding the same legal claims in this lawsuit, or already have your own lawsuit against Costa regarding the same legal claims in this lawsuit and you want to continue with it, you need to ask to be excluded from the class. If you exclude or remove yourself from the class— sometimes called “opting out” of the class—you will not get any money or benefits from this lawsuit even if Plaintiff wins at trial or there is a settlement. However, you may be able to sue or continue to sue Costa on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action lawsuit.

If you start your own lawsuit or continue with an existing lawsuit against Costa regarding the same legal claims in this lawsuit after you exclude yourself, you will have to hire your own lawyer(s) for that lawsuit, and you will have to prove your legal claims. If you do exclude yourself so you can start or continue your own lawsuit against Costa, you should talk to your own lawyer soon, because your legal claims may be subject to a statute of limitations, meaning that you may face a deadline after which you cannot sue.

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

1. Your name, address, telephone number, and email address (if any);
2. Your personal physical signature; and
3. A statement that you want to be excluded from the class, such as “I hereby request to be excluded from the class in Haney v. Costa Del Mar Inc., Case No. 16-2017-CA-004794-XXXX-MA.”

The exclusion request must be mailed to the Court at the following address, and be postmarked by July 14, 2025:

Clerk of Court
Fourth Judicial Circuit in and for Duval County, Florida
501 West Adams Street
Jacksonville, FL 32202

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 class members or multiple class members where the opt out hasn’t been signed by each and every individual class member will not be allowed.

Yes. The Court appointed the below law firm 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
Holland & Knight LLP
50 N. Laura Street, Suite 3900
Jacksonville, FL 32202

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you can hire your own lawyer at your own expense. For example, you can ask them to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel gets money or benefits for the class, they may ask the Court for an award of attorneys’ fees and expenses. You will not have to personally pay these attorneys’ fees and expenses. If the Court grants Class Counsels’ request, the attorneys’ fees and expenses will either be deducted from any money obtained for the class or paid separately by Costa.

Class Counsel will have to prove Plaintiff’s legal claims at a trial. The trial is currently scheduled to begin on August 11, 2025. During the trial, a Jury and the Judge will hear all of the evidence to help them reach a decision about whether Plaintiff or Costa are right about the legal claims in the lawsuit. There is no guarantee that Plaintiff will win, or that they will get any money for the class. Either party may then appeal. If the trial date changes, the website will be updated.

No. You do not need to attend the trial. Class Counsel will present the case for the Plaintiff and the class, and lawyers for Costa will present on their behalf. You or your own lawyer may attend at your own expense.

If the Plaintiff obtains money or benefits as a result of the lawsuit, and you remain in the class, you will be notified about how to participate to receive money or benefits. It is unknown how long this will take.

This Notice contains a summary of the lawsuit and the proceedings. You can get additional information by reviewing this website, calling 1-833-558-0945, or writing the Notice Administrator at:

Haney v. Costa Del Mar Inc.
Notice Administrator
PO Box 4153
Portland, OR 97208-4153

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.