Frequently Asked Questions

The Court authorized the Notice because you have a right to know about the Class Action Settlement, and all of your options, before the Court decides whether to give “final approval” to the Class Action Settlement. The Notice explains the nature of the Consolidated Action that is the subject of the Class Action Settlement, the general terms of the Class Action Settlement, and your legal rights and options.

Judge Mary S. Scriven of the United States District Court Middle District of Florida, Tampa Division is overseeing this Consolidated Action captioned as Lomedico and Niblock v. MarineMax, Inc., Case No.: 8:24-cv-01784. The people who brought the Consolidated Action are called the Plaintiffs or Settlement Class Representatives. The company being sued, MarineMax, Inc. is called the Defendant. MarineMax, Inc. and its subsidiaries Newcoast Insurance Services, LLC, MarineMax East, Inc., and Newcoast Financial Services, LLC are collectively referred herein as MarineMax.

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

MarineMax denies these claims and that it did anything wrong. No court or other judicial entity has made any judgment or other determination that MarineMax has done anything wrong.

In a class action, one or more people called “Settlement Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to the Class Action Settlement. The Class Action Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Plaintiffs appointed to represent the Settlement Class, and the attorneys for the Settlement Class, Settlement Class Counsel, (see Question 17) think the Class Action Settlement is best for all Settlement Class Members.

You are potentially a Settlement Class Member 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.

Excluded from the Settlement Class are all attorneys and employees of Settlement Class Counsel, any judicial officer to whom this case is assigned, and persons who validly and timely opt out of the Class Action Settlement.

If you are not sure whether you are included in the Class Action Settlement, you may call (833) 421-7674 or email [email protected] with questions. You may also write with questions to:

MarineMax Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

All Settlement Class Members shall have the opportunity to submit a Claim Form for certain claimed benefits. The claimed benefits, as described below, shall include: (a) Actual Identity Theft Losses; (b) Out-of-Pocket Expenses; (c) Credit Monitoring; and (d) Cash Payments. You may submit a claim for one or more of the Class Action Settlement benefits.

Settlement Class Members who submit a Valid Claim are eligible to receive any or all of the following:

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. 

To claim this benefit, Authorized Claimants will be required to provide documentation and affirm under penalty of perjury to incurring Actual Identity Theft Losses that they reasonably believe are the result of the Data Incident.

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, including, without limitations:

• professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;
• costs associated with freezing or unfreezing credit with any credit reporting agency;
• credit monitoring costs that were incurred on or about July 16, 2024, through June 13, 2025;
• and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges. 

To claim this benefit, Authorized Claimants will be required to provide documentation and affirm under penalty of perjury to incurring Out-of-Pocket expenses that they reasonably believe are the result of the Data Incident.

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 the Settlement Class Member 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 by MarineMax and Newcoast in the Notification Letter in connection with the Data Incident may elect up to an additional twelve (12) months of one-bureau Credit Monitoring;

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 share basis and are subject to a per person cap of $500.

Cash Payments will be subject to a pro rata increase (subject to a $500 cap) from the Net Settlement Fund in the event the amount of Valid Claims is insufficient to exhaust the entire Net Settlement Fund. In the unexpected event the value of Credit Monitoring on its own exhausts the amount of the Net Settlement Fund, the length of the Credit Monitoring provided will be reduced as necessary to bring the cost within the Net Settlement Fund.

To receive a benefit under the Class Action Settlement, you must complete and submit a claim online, or by mail to MarineMax Settlement, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation if necessary, and submit online by June 13, 2025 or by mail and postmarked by June 13, 2025.

The Court will hold a Final Approval Hearing on June 17, 2025 at 9:30 a.m. ET via Zoom Video Conference to decide whether to approve the Class Action Settlement. If the Court approves the Class Action Settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all of the Claim Forms to be processed. Please be patient.

The Released Parties get a release from all claims covered by this Class Action Settlement, the Released Claims. Thus, if the Class Action Settlement becomes final and you do not exclude yourself from the Class Action Settlement, you will be a Settlement Class Member and you will give up your right to sue MarineMax and its past or present parents, subsidiaries, divisions, and related or affiliated entities, of any nature whatsoever, whether direct or indirect, as well as each of MarineMax’s and these entities’ respective and its past or present direct and indirect parents, affiliates and subsidiaries (whether or not wholly owned) and its respective present and former directors, officers, employees, managers, agents, insurers, reinsurers, co-insurers, shareholders, members, attorneys, advisors, consultants, trustees, representatives, affiliates, third-party vendors and contractors, related companies, parents, subsidiaries (whether or not wholly owned), joint ventures, divisions, predecessors, successors, any or all of the above persons or entities referenced in this paragraph, any person related to any such entities who is, was, or could have been named as a Defendant in the Consolidated Action. This release is described in the Agreement, which is available here. If you have any questions, you can talk to Settlement Class Counsel listed in Question 17 for free or you can talk to your own lawyer.

If you do not want to be part of the Class Action Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Class Action Settlement and you will not be bound by any Final Approval Order and Judgment.

No. Unless you exclude yourself, you give up any right to sue any Released Parties for the Released Claims that this Class Action Settlement resolves. You must exclude yourself from the Class Action Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the Class Action Settlement.

To exclude yourself, send a letter requesting exclusion by first class mail to the Claims Administrator. The letter must be individually signed (with a physical signature) and timely submitted to the Claims Administrator. To be effective, the written request for exclusion must include the following: (1) the title of the Consolidated Action; (2) the full name, address, telephone number, and email address of the person requesting exclusion; and (3) a statement that he or she requests exclusion from the Settlement Class. You must mail your request for exclusion postmarked by May 14, 2025, to:

MarineMax Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

You can tell the Court that you do not agree with the Class Action Settlement or some part of it by objecting to the Class Action Settlement. To object, you must file your objection with the Court and serve by first class mail on Defense Counsel and Settlement Class Counsel, at the mailing addresses listed below, postmarked by no later than, May 14, 2025:

Clerk of the Court
United States Courthouse
801 North Florida Avenue
Tampa, Florida 33602

Settlement Class Counsel
Mariya Weekes
Milberg Coleman Bryson Phillips Grossman, PLLC
800 S. Gay Street, Suite 1100
Knoxville, Tennessee 37929

Brittany Resch
Strauss Borrelli, PLLC
980 N Michigan Avenue Suite 1610
Chicago, Illinois 60611

Defense Counsel
Shardul Desai
Brandon T. White
Jessica Kramer
Holland & Knight LLP
100 North Tampa Street, Suite 4100
Tampa, Florida 33602

Your objection must be written and must include all of the following:

1. the objector’s full name, mailing address, telephone number, and email address (if any);
2. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
3. the number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
4. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees and Costs;
5. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five (5) years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five (5) years;
6. any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity;
7. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;
8. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
9. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
10. the objector’s signature (an attorney’s signature is not sufficient).

Objecting is telling the Court that you do not like the Class Action Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any benefits from the Class Action Settlement. If you exclude yourself, you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. If you submit both a valid objection and a valid request for exclusion, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Mariya Weekes of Milberg Coleman Bryson Phillips Grossman, PLLC and Brittany Resch of Strauss Borrelli, PLLC as Settlement Class Counsel to represent the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will file an application to be paid from the Gross Settlement Amount. Settlement Class Counsel will make a motion for attorneys’ fees and expenses in an amount no more than one-third of the Gross Settlement Amount ($339,268.90) and actual out-of-pocket costs, currently estimated not to exceed $10,000 paid from the Gross Settlement Amount, to the extent approved by the Court. Any such award would compensate Settlement Class Counsel for investigating the facts, litigating the case, and negotiating the Class Action Settlement and will be the only payment to them for their efforts in achieving this Class Action Settlement.

Any motion for attorneys’ fees and expenses for Settlement Class Counsel must be approved by the Court. The Court may award less than the amounts requested. Settlement Class Counsel’s papers in support of final approval of the Class Action Settlement will be filed no later than June 2, 2025, and their application for attorney fees and costs will be filed no later than April 29, 2025, and will be posted on the documents page.

The Court will hold a Final Approval Hearing at 9:30 a.m. ET on June 17, 2025, via Zoom Video Conference, as ordered by the Court. At this hearing, the Court will consider whether the Class Action Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing. The Court will also rule on the motion for attorneys’ fees and expenses. After the hearing, the Court will decide whether to approve the Class Action Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Settlement Class Counsel recommends checking this website, email [email protected] or calling (833) 421-7674.

No. Settlement Class Counsel will present the Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to attend the hearing to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 15, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 15, including all the information required. Your objection must be filed with the Court and served by first-class mail on Defense Counsel and Settlement Class Counsel, at the mailing addresses listed in Question 11, postmarked by no later than May 14, 2025.

If you do nothing, you will not receive any payment from this Class Action Settlement. If the Class Action Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties based on any of the Released Claims.

The Notice summarizes the Class Action Settlement. More details are in the Agreement itself. You may also call or email the Claims Administrator with questions or to receive a Claim Form at [email protected] or (833) 421-7674.

It is your responsibility to inform the Claims Administrator of your updated information. You may do so at the address below, email at [email protected] or visit the contact page:

MarineMax Settlement
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

PLEASE DO NOT CONTACT THE COURT, CLERK OF THE COURT OR SETTLEMENT CLASS COUNSEL FOR INFORMATION ABOUT THE CLASS ACTION SETTLEMENT