Harbor Freight Class Action Settlement

Discussion in 'Tools and Fabrication' started by PAToyota, Mar 18, 2017.

  1. PAToyota

    PAToyota Keystone Cruisers SILVER Star

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    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.
     
    surfpig likes this.
  2. Mudder

    Mudder

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    Are you f#$&ing serious? Are people really that desperate for money they'll find any way to get it?
     
  3. surfpig

    surfpig The Anti-Tech

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    Do it! I recently received my windfall from an AT&T class action lawsuit I was involved in...
    image.jpg

    .
     
  4. PAToyota

    PAToyota Keystone Cruisers SILVER Star

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    Considering that people are suing because their 2x4 isn’t 2”x4”, their hard drive did not contain the full 1.07 billion bytes per gigabyte, their TV or monitor didn’t have the full viewing size of designated size… Well, you see where I’m going… Are you really surprised?

    Honestly, I’ve sort of been surprised nobody has done this before now. First, just the fact that certain things are always on “sale” - every flyer pretty much has the exact same things on sale time and again. Then, that every sale is at “blowout prices,” a “giant liquidation,” a “clearance,” or whatever other words of the day they choose.

    Personally, I’m also surprised that the other companies aren’t taking them to task for the “compare at” prices - which imply that their Chijapwanese tool is a straight up comparison to name brand tools.

    Yeah, anyone with half a brain knows that HF fits right in there with the late night infomercials. All I’m thinking is that I should have gone to law school considering that the lawyers here get $10 million right off the bat for their “work” in this.
     
  5. PAToyota

    PAToyota Keystone Cruisers SILVER Star

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    Just a quick calculation from the three receipts I actually have copies of and my credit card statements for that time period, it looks like I could get a couple hundred back.
     
  6. ferg

    ferg

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    I can't see this as any worth for me. Too much of a PITA to look up whatever I may have bought and figure it out. If I'd have wanted something more 'expensive' I would have bought it.
     
    gregnash likes this.
  7. PAToyota

    PAToyota Keystone Cruisers SILVER Star

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    Judging from the HF emails and flyers I’ve received this week, it sure hasn’t changed their business practices at all…
     
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  8. half k cruiser

    half k cruiser

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    What a load of crap. HF has sold me enough tools that I didn't want to pay big bucks for. Who cares if every sale is a super blowout liquidator ? The fact is they are advertising just like everyone else. Its just sales tactics and somebody wants to be lame about it.
     
  9. PAToyota

    PAToyota Keystone Cruisers SILVER Star

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    In the store they had an 8.5x11 sheet of paper hanging up at the cash register. Looking at the emails, they have the same wording in the small print at the bottom:
    So they’re changing their business practices a bit...
     
  10. Prairie Swamp

    Prairie Swamp

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    I guess I buy more than most - but going through 5+ years of credit card statements they'll be sending me a gift card for at least $700.
     
  11. Prairie Swamp

    Prairie Swamp

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    I'm still at work but this is in the mailbox:

    [​IMG]

    According to some of the online scuttlebutt the payout could be double if not enough people filed valid claims. I also found out that there were re-sellers (buy at HF re-sell on eBay) that turned in claims over a million dollars so they're getting a check for at least $100,000 or double that.
     
    PAToyota likes this.
  12. PAToyota

    PAToyota Keystone Cruisers SILVER Star

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    Thanks for the update.
     
  13. toyotaspeed90

    toyotaspeed90

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    This is the exact kind of crap that is wrong with this country - anyone who supports or is trying to 'cash in' on this.

    It's just cheap tools - some work great, some are one and done - we all know that.

    Who cares what they advertised their product for, or are making a comparison.

    Dodge compares their vehicles of quality/caliber/features to Toyota and sell them at lower prices - you better go buy a Dodge then sue them for the $10k difference between their s***ty 200 and a Camry, because you know, it's their fault you bought that Dodge instead of a Toyota and it's falling about at 50k miles.


    Might as well trade your landcruiser in for a Jeep - since you'll be told it's reliable, and why not? Just sue them and you'll get more money!



    In reality we all have personal responsibility for our actions. If you need the court/government to tell you that you made a bad decision because you spent $22 on a tool that you could have bought elsewhere for $19 and blame it on the company for selling it to you for $22 - then you have issues. Maybe, just maybe, if you're spending more than $50 on a tool that you don't need right away - spend 15 minutes and research online - Google is your friend, Amazon is a close second.
     
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