MarineMax - Consolidated Class Action Complaint

MarineMax - Settlement Agreement

MarineMax - Motion for Preliminary Approval

MarineMax - Preliminary Approval Order

MarineMax - Claim Form

MarineMax - Long Form Notice

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You must submit your Claim Form online no later than Friday, June 13, 2025, or mail your completed paper Claim Form so that it is postmarked no later than June 13, 2025.

Claim Form Deadline

You must mail your request for exclusion so that it is postmarked no later than Wednesday, May 14, 2025.

Exclusion Deadline

You must mail your objection and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Wednesday, May 14, 2025.

Objection Deadline

The Final Approval Hearing is scheduled for Tuesday, June 17, 2025, at 9:30 a.m. ET. Please check this website for updates.

Final Approval Hearing

MarineMax Settlement

This website is authorized by the Court, supervised by counsel to the parties, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case. For more information please call (833) 421-7674 or email info@MarineMaxSettlement.com. MarineMax Settlement c/o Kroll Settlement Administration LLC P.O. Box 225391 New York, NY 10150-5391

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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 <a href="https://marinemaxsettlement.com/files/MarineMax%20-%20Long%20Form%20Notice.pdf">Notice</a> 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:<ul style="list-style-type:circle;"><li style="text-align:justify;">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;</li><li style="text-align:justify;">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;</li><li style="text-align:justify;">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</li><li style="text-align:justify;">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.</li></ul><a href="https://forms.ksacms.com/efiling/fr/eform/MarineMax_ClaimForm/new?form-version=1">Click here</a> to submit a claim or download a Claim Form from the <a href="https://marinemaxsettlement.com/documents">documents page</a>. Please read the <a href="https://marinemaxsettlement.com/documents">Notice</a> 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.<figure class="table" style="width:52.91%;"><table class="ck-table-resized"><colgroup><col style="width:24.69%;"/><col style="width:50.56%;"/><col style="width:24.75%;"/></colgroup><tbody><tr><td> </td><td>Summary of Legal Rights</td><td>Deadline(s)</td></tr><tr><td><a href="https://forms.ksacms.com/efiling/fr/eform/MarineMax_ClaimForm/new?form-version=1">Submit a Claim Form</a></td><td>The only way to receive reimbursement for Actual Identity Theft Losses, Out-of-Pocket Expenses, Credit Monitoring and/or Cash Payment from the Class Action Settlement.</td><td>Submitted, mailed, or postmarked on or before June 13, 2025</td></tr><tr><td>Exclude Yourself by Opting Out of the Class</td><td>Receive no payment. This is the only option that allows you to keep your right to bring any other lawsuit against the Released Parties for the Released claims.</td><td>Mailed and postmarked on or before May 14, 2025</td></tr><tr><td>Object to the Settlement and/or Attend the Final Approval Hearing</td><td>You can write the Court about why you object to the Class Action Settlement. The Court cannot order a different settlement. You can also ask to speak to the Court at the Final Approval Hearing on June 17, 2025, about the fairness of the Class Action Settlement, with or without your own attorney.</td><td>Mailed, postmarked, and filed with the court on or before May 14, 2025</td></tr><tr><td>Do Nothing</td><td>You receive nothing from the Class Action Settlement, but you give up any right to bring any other lawsuit against the Released Parties for the Released claims.</td><td>N/A</td></tr></tbody></table></figure>

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

Lomedico and Niblock v. MarineMax, Inc.

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<span style="-webkit-text-stroke-width:0px;display:inline !important;float:none;font-style:normal;font-variant-caps:normal;font-variant-ligatures:normal;font-weight:400;letter-spacing:normal;orphans:2;text-align:start;text-decoration-color:initial;text-decoration-style:initial;text-decoration-thickness:initial;text-indent:0px;text-transform:none;white-space:normal;widows:2;word-spacing:0px;">Please read for a full explanation of the settlement and your options and all applicable timelines.

Important documents

Documents

Important Dates

Claim Form Deadline

Exclusion Deadline

Objection Deadline

Final Approval Hearing

Important Dates

Claim Form Deadline

Exclusion Deadline

Objection Deadline

Final Approval Hearing