Lomedico and Niblock v. MarineMax, Inc.

United States District Court Middle District of Florida, Tampa Division
Lomedico and Niblock v. MarineMax, Inc., Case No.: 8:24-cv-01784 (the "Consolidated Action")

If You Are A Natural Person Residing in the United States Who Received A Notification Letter from MarineMax, Inc. or Newcoast as a result of the Data Incident, You Are Eligible to Receive Payments from a Class Action Settlement.

A Court authorized the Notice to those that are eligible to receive a Settlement Payment from a proposed $1,018,825.50 Class Action Settlement. To be eligible to make a claim, you must be a natural person residing in the United States who received a notification letter from MarineMax, Inc. or Newcoast as a result of the Data Incident.

The Consolidated Action alleges various claims against MarineMax, or Defendant, arising from the unauthorized access to MarineMax’s data environment in and around March 2024 ("Data Incident"). MarineMax estimates, based upon its records, that there are approximately 123,494 Settlement Class Members.

Defendant denies any wrongdoing and any liability but has agreed to settle the litigation on a class-wide basis.

Settlement Class Members who submit a Valid Claim will be eligible to receive:

• Actual Identity Theft Losses – reimbursement for documented Actual Identity Theft Losses reasonably traceable to the Data Incident of up to $5,000 per individual Authorized Claimant;
• Out-of-Pocket Expenses – reimbursement for documented Out-of-Pocket Expenses, reasonably traceable to the Data Incident of up to $2,000 per individual Authorized Claimant;
• Credit Monitoring – Authorized Claimants who did not elect to receive two (2) years of Credit Monitoring and identity theft protection previously offered by MarineMax and Newcoast in the Notification Letter sent to Settlement Class Members in connection with the Data Incident may elect up to three (3) years of one-bureau Credit Monitoring. Authorized Claimants who did elect to receive two (2) years of Credit Monitoring and identity theft protection previously offered in connection with the Data Incident may elect up to an additional twelve (12) months of one-bureau Credit Monitoring; AND
• Cash Payment - After the Actual Identity Theft Losses, Out-of-Pocket Expenses, and Credit Monitoring are deducted from the Net Settlement Fund, Authorized Claimants shall be entitled to a pro rata share of the Net Settlement Fund remaining. Cash Payments will be on an equal percentage basis and are subject to a per person cap of $500.

Click here to submit a claim or download a Claim Form from the documents page.

Please read the Notice carefully. Your legal rights will be affected, and you have a choice to make at this time. 

The Court still will have to decide whether to approve the Class Action Settlement. Payments to Settlement Class Members will be made only if the Court approves the Class Action Settlement and after any possible appeals are resolved.