Legal notes: Sunglasses-maker Costa Del Mar sued over ‘lifetime warranty’ repairs

Former Olympic world champion swimmer Nancy Hogshead-Makar files a lawsuit.

  • By Max Marbut
  • | 5:10 a.m. September 10, 2018
  • | 5 Free Articles Remaining!
Costa Del Mar’s “lifetime warranty”
Costa Del Mar’s “lifetime warranty”
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Attorney Peter Hargitai with the Jacksonville office of Holland & Knight filed two class-action lawsuits against Costa Del Mar Inc.

A spokesperson for Costa Del Mar said the company does not comment on pending litigation.

The complaints allege that the Daytona Beach-based manufacturer of sunglasses for many years sold its products with a “lifetime” warranty, but charged customers for repair of its products.

In some cases, the complaint states, customers were charged at least $11.95 for damages caused by accident, misuse or normal wear and as much as $89 to replace lenses and $49 to replace frames under the warranty.

A complaint was filed in January in the 4th Judicial Circuit, alleging violation of the Florida Unfair and Deceptive Trade Practices Act. That case is scheduled for trial in April.

A similar complaint was filed Aug. 20 in the U.S District Court, Middle District of Florida in Jacksonville. It alleges Costa Del Mar violated the federal Magnuson-Moss Warranty Act. which requires companies that offer a “lifetime” warranty to repair or replace defective consumer products without charge.

A hearing to decide whether to declare the complaint a class action is scheduled in December.

Olympian files lawsuit

Former Olympic world champion swimmer Nancy Hogshead-Makar filed a lawsuit Aug. 27 against the U.S. Olympic Committee, the Women’s Sports Foundation and several of the organizations’ present and past executives.

The complaint alleges the defendants acted together to prevent Hogshead-Makar from lawfully advocating on behalf of female athletes who were subjected to physical and sexual abuse.

Hogshead-Makar contends that through the actions of the defendants, she lost past and future earnings and benefits and has suffered mental anguish, diminished earning capacity and damage to her reputation.

The complaint, filed on Hogshead-Makar’s behalf by attorney Scott Fortune, seeks a judgment for damages and a jury trial.




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