Costa Del Mar Sunglasses Nominal Fee Settlement: $21.75 Million Fund

This case centers on Costa Del Mar's promise to fix damaged sunglasses for a "nominal fee." A lawsuit claims that promise was false, unfair, and misleading, alleging Costa actually charged customers far more than a nominal amount to replace scratched lenses, frames, and other parts damaged by accident, normal wear, or misuse. The plaintiff contends a truly nominal fee should be no more than $11.95.

Costa denies any wrongdoing, maintaining that the "nominal" language was marketing rather than a binding promise, that its fees were genuinely nominal, and that it broke no law or commitment. The Court has not ruled on these claims. Both sides chose to settle rather than face the uncertainty, expense, and delay of continued litigation.

The settlement has not been finalized. It has received preliminary approval, and a Final Approval Hearing is scheduled for March 23, 2027. No money will be distributed unless and until the Court grants final approval.

Two classes may qualify. The Purchase Class includes people who bought non-prescription, non-promotional Costa sunglasses for personal use between July 28, 2013 and January 31, 2018. The Repair Class includes people charged a fee by Costa between July 28, 2012 and January 26, 2025 to replace damaged parts on sunglasses purchased on or before January 31, 2018. Note: anyone who fits both categories can only take part as a Repair Class member and cannot file a Purchase Class claim.

Costa has established a $21,750,000 Settlement Fund. Of this, $6,375,000 is reserved for the Purchase Class, while the remainder, after deducting administration costs and attorneys' fees and expenses, goes to the Repair Class. Every qualifying claimant receives a pro rata payment, meaning an equal share based on their number of eligible purchases or repairs. Repair Class members are paid automatically for each eligible repair over $11.95 and need not file anything. Purchase Class members must submit a claim form to be paid for each eligible purchase. The notice does not specify an exact, minimum, or maximum payment amount.

Most claimants won't need to provide proof, though documentation may be required if you're claiming more than five qualifying purchases. The claim form asks for your name, address, city, state, ZIP code, number of purchases, signature, and date, and you must certify under penalty of perjury that your information is accurate while selecting your preferred payment method. The settlement administrator may request further information if necessary.

To find out if you're included, check for a notice mailed to you, the Court certified the classes in 2025, and notices may have already gone out. If you're uncertain about your eligibility, you can contact the settlement administrator for clarification.