In case you haven’t seen it yet…
A COURT ORDERED THIS NOTICE. YOU MAY BE ELIGIBLE FOR BENEFITS FROM A PROPOSED CLASS ACTION SETTLEMENT. YOUR RIGHTS MAY BE AFFECTED BY THIS SETTLEMENT.
YOU MUST RESPOND TO THIS NOTICE BY FILING A CLAIM FORM TO RECEIVE COMPENSATION. IF YOU DO NOT WANT TO BE PART OF THE SETTLEMENT, YOU MUST TAKE THE STEPS DESCRIBED IN THIS NOTICE BY JUNE 7, 2017.
This is a proposed settlement of a class action lawsuit brought in the Common Pleas Court of Lake County, Ohio (the “Court”), against Harbor Freight Tools USA, Inc. Beck v. Harbor Freight, No. 15CV00598, Lake County, Ohio, Common Pleas. A class action is where one or more persons sue on behalf of others who have similar claims. The members of this group are called the Class.
What this case is about:
The lawsuit is about Plaintiff’s claims alleging that Harbor Freight violated the law by advertising merchandise as “on sale” or “comp at” that had not been sold at the stated regular or “comp at” price for 28 of the preceding 90 days. Harbor Freight disputes Plaintiff’s allegations and believes that it complied with all applicable laws at all times.
Plaintiff and Harbor Freight have concluded that settlement is in their best interests because of the uncertainty, expenses, risks, and delays of litigation. The parties have reached a proposed settlement that will refund a percentage of certain purchases to eligible Class Members, if the Court approves the settlement, but only if a Claim Form is timely filed. The Court has preliminarily approved the settlement as fair, reasonable and adequate. On July 7, 2017, at 1:15 p.m., at the Lake County Courthouse, 47 North Park Place, Painesville, Ohio, 44077, the Court will hold a Settlement Approval Hearing to decide whether to issue final approval of the settlement.
The Court has certified a class for settlement purposes. Members of the class are as follows:
All Harbor Freight customers in the United States who since April 8, 2011 and up to December 15, 2016 (the “Class Period”) purchased any product from Defendant which was advertised with a higher reference price (e.g., “reg. $XXX,” “only $XXX,” or “comp. at $XXX”) adjacent to a lower current offering price, but which was not sold by Defendant at the higher reference price for at least 28 of the last 90 days prior to purchase, excluding Defendant’s employees, representatives, court officials in this case, and any customer already party to a suit against Defendant challenging advertised pricing.
Harbor Freight’s records indicate you may be a Class Member if you received this notice.
THE PROPOSED SETTLEMENT
If you are a Class Member and the settlement is approved, and you timely file a Claim Form, you may be entitled to a payment as follows:
OPTION A. Customers who have itemized Harbor Freight receipts reflecting one or more purchases between April 8, 2011 and December 15, 2016 with a “you saved” amount reflected on their receipts can submit copies of those receipts and elect to receive either 20% in cash, or 30% in a Harbor Freight gift card, of the total “you saved” amount listed on their receipts, excluding any amounts reflecting free items or items that were later returned.
OPTION B. Customers who have credit or debit card statements reflecting one or more purchases at Harbor Freight between April 8, 2011 and December 15, 2016 can submit copies of those statements and elect to receive either 10% in cash, or 12% in a Harbor Freight gift card, of the total Harbor Freight purchases on their credit or debit card statement(s), excluding any amounts reflecting items that were later returned.
OPTION C. All other customers who made purchases at Harbor Freight between April 8, 2011 and December 15, 2016 may submit one declaration, signed under penalty of perjury, stating that they purchased an item from Harbor Freight (other than a free or later-returned item) that was advertised with a higher reference price (e.g., “reg. $XXX,” “only $XXX,” or “comp. at $XXX”) adjacent to a lower current offering price, and that they do not have itemized Harbor Freight receipts or credit or debit card statements of their Harbor Freight purchases. Customers submitting this declaration will receive one $10 Harbor Freight gift card.
If, after payments for all valid claims have been calculated, the total amount paid to Class Members, plus administrative fees, plus attorney’s fees, is less than $23 million, Class Members with valid claims may be eligible for additional compensation on a pro rata basis. The amount of the additional compensation will depend on what kind of documentation provided with your Claim Form, whether you opted for a cash payment or a gift card, and the number of valid claims.
More information, as well as the settlement agreement and other filings, is available at www.nationalsalepricesettlement.com. You may review all filings at the Clerk of Courts, Lake County Court of Common Pleas, 25 North Park Place, Painesville, Ohio, 44077.
Plaintiff will apply to the Court for an award of attorney’s fees and expenses not to exceed a total of $10,000,000 on behalf of the counsel who have represented Plaintiff and the class in this action. Plaintiff will also apply to the Court for an award of $10,000 in incentive compensation to the Class Representative Beck. For more information about the settlement and your options, you can visit www.nationalsalepricesettlement.com.
A COURT ORDERED THIS NOTICE. YOU MAY BE ELIGIBLE FOR BENEFITS FROM A PROPOSED CLASS ACTION SETTLEMENT. YOUR RIGHTS MAY BE AFFECTED BY THIS SETTLEMENT.
YOU MUST RESPOND TO THIS NOTICE BY FILING A CLAIM FORM TO RECEIVE COMPENSATION. IF YOU DO NOT WANT TO BE PART OF THE SETTLEMENT, YOU MUST TAKE THE STEPS DESCRIBED IN THIS NOTICE BY JUNE 7, 2017.
This is a proposed settlement of a class action lawsuit brought in the Common Pleas Court of Lake County, Ohio (the “Court”), against Harbor Freight Tools USA, Inc. Beck v. Harbor Freight, No. 15CV00598, Lake County, Ohio, Common Pleas. A class action is where one or more persons sue on behalf of others who have similar claims. The members of this group are called the Class.
What this case is about:
The lawsuit is about Plaintiff’s claims alleging that Harbor Freight violated the law by advertising merchandise as “on sale” or “comp at” that had not been sold at the stated regular or “comp at” price for 28 of the preceding 90 days. Harbor Freight disputes Plaintiff’s allegations and believes that it complied with all applicable laws at all times.
Plaintiff and Harbor Freight have concluded that settlement is in their best interests because of the uncertainty, expenses, risks, and delays of litigation. The parties have reached a proposed settlement that will refund a percentage of certain purchases to eligible Class Members, if the Court approves the settlement, but only if a Claim Form is timely filed. The Court has preliminarily approved the settlement as fair, reasonable and adequate. On July 7, 2017, at 1:15 p.m., at the Lake County Courthouse, 47 North Park Place, Painesville, Ohio, 44077, the Court will hold a Settlement Approval Hearing to decide whether to issue final approval of the settlement.
The Court has certified a class for settlement purposes. Members of the class are as follows:
All Harbor Freight customers in the United States who since April 8, 2011 and up to December 15, 2016 (the “Class Period”) purchased any product from Defendant which was advertised with a higher reference price (e.g., “reg. $XXX,” “only $
Harbor Freight’s records indicate you may be a Class Member if you received this notice.
THE PROPOSED SETTLEMENT
If you are a Class Member and the settlement is approved, and you timely file a Claim Form, you may be entitled to a payment as follows:
OPTION A. Customers who have itemized Harbor Freight receipts reflecting one or more purchases between April 8, 2011 and December 15, 2016 with a “you saved” amount reflected on their receipts can submit copies of those receipts and elect to receive either 20% in cash, or 30% in a Harbor Freight gift card, of the total “you saved” amount listed on their receipts, excluding any amounts reflecting free items or items that were later returned.
OPTION B. Customers who have credit or debit card statements reflecting one or more purchases at Harbor Freight between April 8, 2011 and December 15, 2016 can submit copies of those statements and elect to receive either 10% in cash, or 12% in a Harbor Freight gift card, of the total Harbor Freight purchases on their credit or debit card statement(s), excluding any amounts reflecting items that were later returned.
OPTION C. All other customers who made purchases at Harbor Freight between April 8, 2011 and December 15, 2016 may submit one declaration, signed under penalty of perjury, stating that they purchased an item from Harbor Freight (other than a free or later-returned item) that was advertised with a higher reference price (e.g., “reg. $XXX,” “only $
If, after payments for all valid claims have been calculated, the total amount paid to Class Members, plus administrative fees, plus attorney’s fees, is less than $23 million, Class Members with valid claims may be eligible for additional compensation on a pro rata basis. The amount of the additional compensation will depend on what kind of documentation provided with your Claim Form, whether you opted for a cash payment or a gift card, and the number of valid claims.
More information, as well as the settlement agreement and other filings, is available at www.nationalsalepricesettlement.com. You may review all filings at the Clerk of Courts, Lake County Court of Common Pleas, 25 North Park Place, Painesville, Ohio, 44077.
Plaintiff will apply to the Court for an award of attorney’s fees and expenses not to exceed a total of $10,000,000 on behalf of the counsel who have represented Plaintiff and the class in this action. Plaintiff will also apply to the Court for an award of $10,000 in incentive compensation to the Class Representative Beck. For more information about the settlement and your options, you can visit www.nationalsalepricesettlement.com.
