Reed v. Costa Del Mar, Inc.

This Website explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you if you are a citizen of the United States who purchased nonprescription, non-promotional Costa sunglasses before January 1, 2018, and who were charged a fee by Costa between April 3, 2015 and February 25, 2026, to repair or replace components of their sunglasses that Costa determined were damaged as a result of accident, normal wear and tear, or misuse. The class excludes Florida citizens.

Judge Roy B. Dalton, Jr., of the United States District Court for the Middle District of Florida, is overseeing this lawsuit. The lawsuit is known as Reed v. Costa Del Mar, Inc., Case No. 6:19-cv-1751. 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 The settlement in the Smith lawsuit was vacated and is no longer in effect.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 Gerald E. Reed, IV.

The lawsuit alleges that Costa falsely promised to replace scratched lenses, frames, and other parts of its sunglasses damaged by accident, normal wear and tear, or misuse for a “nominal fee” and then charged more than a nominal fee for repairs in violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201, et seq.

Costa denies that it engaged in any unfair or deceptive conduct as claimed in the lawsuit, denies the legal claims, and denies any wrongdoing or liability.

No court has made any judgment or other determination of any wrongdoing or violation of law by Costa. If you do not exclude yourself by the deadline, you will be bound by any judgment in the lawsuit, win or lose, and cannot sue Costa later about the same legal same claims in this lawsuit.

The Court has not decided whether Plaintiff or Costa is right. By establishing the class and providing a 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 his legal claim to prevail at the trial, and Costa still has the right to defend the legal claims at trial.

Plaintiff is asking for money for the class members for Costa’s alleged wrongdoing 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. If you remain in the class, you will be notified if money or benefits become available.

You are a class member if you meet the following definition of the class:

All citizens of the United States who purchased nonprescription, non-promotional Costa sunglasses before January 1, 2018, and who were charged a fee by Costa from four years prior to the date of the filing of the Complaint to the present (i.e., between April 3, 2015 and January 28, 2026), to repair or replace components of their sunglasses that Costa determined were damaged as a result of accident, normal wear and tear, or misuse. The class excludes Florida citizens.

If you are still not sure whether you are included in the class, you can get free help by calling 1-877-269-6987 or writing to the lawyers in this lawsuit, at the address listed in FAQ 13.

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 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, whether favorable or not.

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 if 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 Reed v. Costa Del Mar, Inc., Case No. 6:19-cv-1751.”

The exclusion request must be mailed to the Notice Administrator at the following address, and be postmarked by MAY 1, 2026:

Reed v. Costa Del Mar, Inc.
Notice Administrator
PO Box 6790
Portland, OR 97228-6790

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

Yes. If you do not exclude yourself from the class, you have the option to make an appearance in the lawsuit through an attorney you retain at your own expense. The deadline to make an appearance is May 1, 2026. You do not have to make an appearance in the lawsuit to be eligible to receive any money or benefits that Plaintiff and Class Counsel obtain on behalf of the class.

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, and Michael Gropper
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 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. Costa still has the right to challenge those legal claims at trial or before trial. The trial is currently scheduled to begin in the May 2026 trial term, on or after May 4, 2026. 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 is right about the legal claims in the lawsuit. There is no guarantee that Plaintiff will win or get any money for the class. Either party may then appeal.

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

If 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 website contains a summary of the lawsuit and the proceedings. You can get additional information by calling 1-877-269-6987 or writing the Notice Administrator at the below address:

Reed v. Costa Del Mar, Inc.
Notice Administrator
PO Box 6790
Portland, OR 97228-6790

PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS REGARDING THIS NOTICE.