HOUSTON – A Tarrant County man’s class action petition accuses a Daytona Beach, Fla.-based sunglasses retailer of deceptive marketing practices.
In court documents filed in the Harris County 151st District Court on Oct. 13, Brian H. Burden claims Costa Del Mar, Inc.’s guarantee to replace damaged sunglasses for a nominal fee is misleading.
According to Burden, purchasers are not assessed the supposed fee, but are charged $89.00 for replacement glass lenses, $69.00 for replacement plastic lenses, or $49.00 for replacement frames, plus an $11.95 diagnostic fee, along with shipping and handling charges.
The complaint asserts the defendant is tricking its customers into pumping revenue into its repair center, insisting Burden and others were unaware of the apparent bait-and-switch at the time of purchase.
A jury trial is requested.
Attorneys Charles T. Jeremiah and Jeffrey Anderson of the law firm Holland & Knight LLP in Houston are representing Burden and the class plaintiffs.
Harris County 151st District Court Case No. 2017-68194