# harbor  freight  class action  lawsuit  gets your recipts



## umahunter (Mar 26, 2017)

Guess there was a class action  lawsuit over harbor  freight  sale prices on things that never were any other price deeming they weren't ever on sale buyers are eligible for 30 percent refunds can't seem to post link from phone  ????


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## umahunter (Mar 26, 2017)

Guess you can get cash if you qualify  or gift cards


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## Bob Korves (Mar 26, 2017)

Tell us what, where and how...  Link?


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## Ulma Doctor (Mar 26, 2017)

CLAIMANT ID NO.: 9793371 CONTROL NO.: 0748823792



PLEASE READ THIS NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

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.

RIGHT TO REMAIN IN THE CLASS, OBJECT, OR TO OPT OUT

1. To make a claim for payment:
To receive a payment, you must complete, sign and submit a Claim Form no later than August 7, 2017. Class Members selecting options A and B above may CLICK HERE to submit the Claim Form online. Class Members selecting option C above may CLICK HERE to download and print a Claim Form which must be mailed to National Sale Price Settlement, c/o GCG, PO Box 10351, Dublin, OH 43017-5551, postmarked no later than August 7, 2017. If your Claim Form is not timely postmarked or timely submitted online, you will not receive a payment. If you remain in the Class, your interests will be represented by class counsel without additional cost, and you will be bound by the Court’s decisions, whether favorable or unfavorable. If the Court approves the proposed settlement and you do not timely request to be excluded from the Class, you will give up all claims against Harbor Freight relating to this lawsuit, except your right to receive a settlement payment, if eligible. BY REMAINING IN THE SETTLEMENT YOU DO NOT OWE ANY MONEY AND WILL NOT HAVE TO PAY ANYTHING.

2. To opt-out:

If you do not want to be in the Class, you must mail written notice of your request to exclude yourself from the Class to the address below postmarked by June 7, 2017. If you timely exclude yourself, you will not receive any benefit under the proposed settlement and you will not be bound by the Court’s decisions. To be excluded, your written notice must state “I request to be excluded from the Beck v. Harbor Freight settlement class.” Your written notice also must contain your name and address, and must be signed and dated by you. Your written notice to be excluded must be signed by the Class Member, and not by anyone else as a representative of a Class Member (unless the Class Member is deceased or incapacitated). Failure to comply with these requirements may result in your opt-out request being invalid. Send written notice of your exclusion request to the following address: National Sale Price Settlement, c/o GCG, PO Box 10351, Dublin, OH 43017-5551.

3. To object to the settlement:

Unless you request to be excluded from the Class, you may file a Notice of Intent to Object to any aspect of the proposed settlement or the application by Plaintiff's counsel for attorney’s fees, but you will be bound by the Court’s decisions, even if the Court does not agree with your objections. In order to object, you must send a written Notice of Intent to Object that includes (i) the specific reasons for your objection(s), as well as a detailed statement of the factual and legal reasons you have for each objection; (ii) any evidence you may present at the Settlement Approval Hearing in support of your objection(s), including the names and addresses of witnesses and a summary of their proposed testimony, and copies of any written evidence; (iii) your name, address and telephone number; and (iv) whether you intend to appear at the Hearing.

In order to be effective, Notice of Intent to Object must be filed with the Court by June 7, 2017, and copies sent to the following addresses:

Clerk of Courts
Lake County Court of
Common Pleas
25 North Park Place
Painesville, Ohio, 44077

DWORKEN & BERNSTEIN CO., 
L.P.A.
Attn.: Nicole Fiorelli
60 South Park Place
Painesville, OH 44077

BAKER & HOSTETLER LLP
Attn.: Rodger Eckelberry
65 East State St.
Suite 2100
Columbus, Ohio 43215

Notices of Intent to Object cannot be submitted online. The Court will not entertain objections, nor allow appearances at the Settlement Approval Hearing, unless you comply with the requirements set forth above. Late objections and those not submitted in compliance with all the above requirements will be deemed to have been waived. Any judgment entered will be binding on all Class Members who have not timely requested exclusion from the Class. If you object to the proposed settlement, you may still receive benefits if the Court approves the proposed settlement and you are eligible for a distribution.

If you do not opt-out of the Class, then you remain in the Class, even if you do not file a Claim Form. You will be bound by the Court’s decisions, whether favorable or unfavorable to the Class.

CLASS COUNSEL

The Court has designated the following attorneys to represent the Class in this lawsuit:

Patrick J. Perotti, Esq.
Nicole Fiorelli, Esq.
DWORKEN & BERNSTEIN CO., L.P.A.
60 SOUTH PARK PLACE
PAINESVILLE, OHIO 44077

You will not be separately charged for the services of counsel representing the Class in this lawsuit. You have the right (but do not need) to retain your own attorney in this matter, but if you do, you will be responsible for paying your own attorney’s fees and expenses.

ADDITIONAL INFORMATION

This Notice is only a summary of the proposed settlement, which is set forth in detail in a Settlement Agreement, which you may view online at www.nationalsalepricesettlement.com. For more details about the litigation you may review all case filings during business hours at the Clerk of Courts, Lake County Court of Common Pleas, 25 North Park Place, Painesville, Ohio, 44077.

If you have any questions, visit www.nationalsalepricesettlement.com, call the Settlement Administrator at 1-888-321-0482 or contact Plaintiff’s counsel listed above. PLEASE DO NOT CONTACT THE COURT, CLERK OF COURTS, CLASS REPRESENTATIVE BECK, HARBOR FREIGHT, OR COUNSEL FOR HARBOR FREIGHT REGARDING THIS MATTER. THEY ARE NOT ABLE TO ANSWER YOUR QUESTIONS.



DATED: March 15, 2017

The Honorable Vincent A. Culotta 
Judge, Lake County Common Pleas


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## Ebel440 (Mar 26, 2017)

Seems like you might be better to use credit card statements rather then store receipts. Can get 12% of the total spent with bank statements or 30% of the "you saved amount" on the receipt. I usually save my receipts so ill look.  But it would be more time to hunt down all my bank statements.
Just looking at a few receipts I could be getting a few hundred back at the 30% once I go through everything


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## Bob Korves (Mar 26, 2017)

Please note the attorney's fees of $10 million plus $10 thousand in the deal.  After they get paid, you might get a few pennies...  Do not think for one moment that class action suits like this are actually designed to benefit the people who were wronged...  I am not a lawyer and I do not understand the nuances of this suit.  All I know is that I have been in a couple class action law suits where the suit was won, but I never got a penny.  The law firms did.  I tear the notices up on arrival now...  Please correct me if I am wrong...


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## wawoodman (Mar 26, 2017)

What Bob said.


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## rwm (Mar 26, 2017)

I agree Bob. This only hurts a decent company like HF and helps the attorneys.
Robert


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## Terrywerm (Mar 26, 2017)

I won't file any claims. During the time period covered by the suit I spent a grand total of about $300, maybe $400 at most.  So, I would get back a whole $48 at most, and pennies at worst.

So let's assume that I would get back $48. I saved more than that just on the hydraulic press that I bought from them, as compared to what I would pay elsewhere for a similar press.  I saved money there, regardless of what their ads said, so I am happy. As somebody else said, the only ones that will come out on this deal are the attorneys.


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## ch2co (Mar 26, 2017)

I think that "we" all probably are informed buyers who are aware of all of the advertisements and their "claimed" savings. 
The only real savings that we can be sure of are the 20% or 25% off of _advertised price _coupons. This type of suit is only
lawyer food.


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## Bob Korves (Mar 26, 2017)

ch2co said:


> I think that "we" all probably are informed buyers who are aware of all of the advertisements and their "claimed" savings.
> The only real savings that we can be sure of are the 20% or 25% off of _advertised price _coupons. This type of suit is only
> lawyer food.


And the money that gets paid out, including $10 million and $10 thousand to the lawyers, will be added to the costs of the future things we buy from HF, along with HF's costs in defending the case.
Win, win?  Or lose, lose?


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## Learning Curve (Mar 26, 2017)

terrywerm said:


> I won't file any claims. During the time period covered by the suit I spent a grand total of about $300, maybe $400 at most.  So, I would get back a whole $48 at most, and pennies at worst.
> 
> So let's assume that I would get back $48. I saved more than that just on the hydraulic press that I bought from them, as compared to what I would pay elsewhere for a similar press.  I saved money there, regardless of what their ads said, so I am happy. As somebody else said, the only ones that will come out on this deal are the attorneys.


Exactly what Terry said...


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## Learning Curve (Mar 26, 2017)

wawoodman said:


> What Bob said.


What Mike said, Bob said..!


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## Glenn_ca (Mar 26, 2017)

I believe that if people were asked if they got fair value for their money from HF as compared to getting fair value for their money from lawyers that HF would win hands down.


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## darkzero (Mar 26, 2017)

I first saw this on another forum, I also got the email for it which I deleted immediately. Makes me sick, there's always someone out there wanting to sue for some BS. All cause the savings you got from HF was portrayed in a different manor on the receipt, really, com'on?

I won't file. I saved what I knew I was expecting to save when I made my purchases. I was happy with the prices I paid, if I didn't I wouldn't have made the purchases. Damn vultures & those who are claiming, did this really make them suffer in anyway? Stuff like this just eventually makes it our loss, only the lawyers gain here. So petty IMO.


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## umahunter (Mar 26, 2017)

I'm not sure exactly how this works I have bought may items but they did actually go on sale with coupons and I also used 20 percent off coupons quite a bit


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## vicintx (Apr 1, 2017)

I agree with Bob the consumer gets a dime and lawyers get 10 mil and they drive up prices we have to pay for low cost tools  all abet low quality


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## JimDawson (Apr 1, 2017)

This is ridiculous, HF damned near gives stuff away and some greedy bas***rd wants more.  I wonder if it's possible to file suit against the initial plaintiffs in the case.  Our damages are that it's going to cost all of us money in the in the future.


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## GarageGuy (Apr 1, 2017)

Yep, the only ones that get anything out of class action lawsuits are the lawyers.

GG


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## wawoodman (Apr 2, 2017)

What's the first thing to do when you see a bunch of lawyers buried up to their necks in sand?

Order more sand...


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## 682bear (Apr 2, 2017)

Please don't insult vultures by comparing them to people like this...

Everyone involved in this suit knew what they were paying for the items they purchased when they bought them... they had a choice to buy at HF or go somewhere else.... if HF priced the product too high, why did these people buy them to start with?

It all comes down to greed... simple greed. 

They wanted the items, and were willing to pay HFs price for them... but then lawyers got involved...

Sorry if I step on any toes here, but I have too much pride, and I hold myself to a higher standard than to lower myself to the level of these types of suits...

-Bear


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## royesses (Apr 2, 2017)

When I purchase at Harbor Freight I know what the price is and usually use a 20% or 25% off coupon. I know the quality level and I know the compare to prices are just marketing hype. I don't see where HF did anything to harm me and in fact I have always received a good deal from them. Therefore I will not feed the greedy lawyers or blame HF for any bad decisions I made in purchasing products from them. The guy that started this class action is just as greedy as the lawyers he is feeding.I would be embarrassed to start a suit that tells everyone I am too ignorant to know what i am purchasing is worth. This is what raises the prices for the rest of us. HF will make up the money they give out by raising prices.

Roy


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## British Steel (Apr 2, 2017)

Wasn't it Bob Heinlein in 'Number of The Beast' that had the protagonists settle in an ideal, healthy and just society, where the inhabitants didn't talk about 'The year they hanged the Lawyers'?

Dave H. (the other one)


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## gr8legs (Apr 2, 2017)

I am a bit disappointed that HF didn't fight back. My experience is that their sale prices and "% off" were based on their (HF) retail pricing - and any time someone tells me to "Compare" that's what I do. I can compare a Volkswagen to a Mercedes - and the comparison shows me that are similar but different. 

Same with HF - their stuff is 'comparable' - sometimes equal, sometimes not. We are not idiots.

This kerfuffle is rather a far stretch IMO. Of course, now that we are living in a nation of 'alternate facts' and attorneys being attorneys - well, there we are. 

Perhaps we should all visit our HF, spend a few bucks on something at full price and not take the 20% discount - and give them a vote of confidence.

Stu


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## tq60 (Apr 3, 2017)

Some things are obvious but JUDGES allow folks to be stupid.

Just look at commercials where ridiculous things ate going on and there is fine print explaining that it is fiction...

Sent from my SAMSUNG-SGH-I337Z using Tapatalk


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## Ben Nevis (Apr 3, 2017)

In defense of lawyers, remember that it is just the 99.5% that give the rest a bad name...


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## Jonathans (Apr 3, 2017)

Unless you were damaged, and were unhappy with what you agreed to pay for an item, I would encourage you not to become part of this class action suit.
Class action suits consider you guilty unless you can prove your inosence and are the lifeline of bloodsucking plaintiff lawyers. 
If you like HF, give them a break.


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## Mach89 (Apr 3, 2017)

I actually got a $15 check once from a class action lawsuit against Straight Talk because the claimed unlimited data, but it really wasn't (or something to that extent). I didn't do anything to get it. It just showed up in the mail. So, to say no one ever gets anything isn't necessarily true. You may not get much but could get some. However, I have no intention of filing a claim for this one. I like to shop at harbor freight and won't be participating in something that will cause them (or their customers) bigger problems.


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## Silverbullet (Apr 4, 2017)

That's what I figured , thru mine out the same day it came. I hate what lyers have done to this country.


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## mcostello (Apr 4, 2017)

I was involved in a class action law suit against a computer reseller. They knowing sent out puters with faulty hard drives. I lost some business information that was hard to replace. Just aggravating. They sent out a replacement, which kept crashing. Sent out another that kept crashing. They finally got one to crash at their place and felt bad about the trouble and sent Me a brand new Gateway upon which I am typing this.


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## Jonathans (Apr 4, 2017)

Silverbullet said:


> That's what I figured , thru mine out the same day it came. I hate what lyers have done to this country.



Here is the rub regarding Class Action suits. 
 Throwing the notice away keeps you as a plaintiff in the suit.  You actually are required to request in writing to opt out.
The system is rigged quite well.
On top of that if settlement checks are returned due to addresses that are no longer valid, the funds are not returned to the defendant.


"2. To opt-out:

If you do not want to be in the Class, you must mail written notice of your request to exclude yourself from the Class to the address below postmarked by June 7, 2017. If you timely exclude yourself, you will not receive any benefit under the proposed settlement and you will not be bound by the Court’s decisions. To be excluded, your written notice must state “I request to be excluded from the Beck v. Harbor Freight settlement class.” Your written notice also must contain your name and address, and must be signed and dated by you. Your written notice to be excluded must be signed by the Class Member, and not by anyone else as a representative of a Class Member (unless the Class Member is deceased or incapacitated). Failure to comply with these requirements may result in your opt-out request being invalid. Send written notice of your exclusion request to the following address: National Sale Price Settlement, c/o GCG, PO Box 10351, Dublin, OH 43017-5551."


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## Superburban (Apr 4, 2017)

_Take a close look at option 3.

3. To object to the settlement:

Unless you request to be excluded from the Class, you may file a Notice of Intent to Object to any aspect of the proposed settlement or the application by Plaintiff's counsel for attorney’s fees, but you will be bound by the Court’s decisions, even if the Court does not agree with your objections. In order to object, you must send a written Notice of Intent to Object that includes (i) the specific reasons for your objection(s), as well as a detailed statement of the factual and legal reasons you have for each objection; (ii) any evidence you may present at the Settlement Approval Hearing in support of your objection(s), including the names and addresses of witnesses and a summary of their proposed testimony, and copies of any written evidence; (iii) your name, address and telephone number; and (iv) whether you intend to appear at the Hearing.
_
Not sure I can do it, and meet all the legal eze, but I'm going to write a letter to the court explaining that I never felt scammed by their pricing, and doubt that any reasonable person would have felt scammed. The price they were paying, was , and still is clearly stated,  and feel that a settlement that only benefits lawyers is not in anyone's best interest, except for the lawyers.

Opting out only leaves more money in the pot for the lawyers at the end.


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