Costa Sunglasses $40 Million Consumer Class Settlement Upended

Costa Del Mar Inc.'s $40 million settlement of consumer class action claims was tossed by the Eleventh Circuit because the plaintiffs didn’t show a threat of future injury warranting injunctive relief.

The plaintiffs allege they were overcharged for warranties and repairs to sunglasses and sought monetary damages and injunctive relief. The trial court granted final approval of the settlement on Sept. 21, 2021— a ruling appealed by three objectors in March 2022.

Even if the plaintiffs could establish standing to pursue claims for monetary relief based on past harm, they would need to show a threat of future injury that ...