Harbor Freight Sales Price Class Action Settlement
You are a Class member if you were a Harbor Freight customer in the United States who, between April 8, 2011 and up to December 15, 2016 (the “Class Period”), purchased any product from Harbor Freight 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 Harbor Freight at the higher reference price for at least 28 of the last 90 days prior to purchase.
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. The settlement allows eligible Class members who timely file claims to elect their recovery 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 item or an item that was later returned) 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.
Class members can choose relief under both Options A and/or B above, as long as they provide the appropriate receipts and/or statements; with the exception that the same purchase cannot be submitted under both Options A and B. Class members that qualify for relief under Option A and/or B cannot qualify for relief under Option C above.
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 you provided with your Claim Form, whether you opted for a cash payment or a gift card, and the number of Class members who submit valid claims.
Proof of Purchase
Those who are able to provide proof of purchase will receive a more generous settlement
Beck v. Harbor Freight, No. 15CV00598Court of Common Pleas Lake County Ohio
The lawsuit alleges that Harbor Freight violated the law by advertising merchandise at a “sale” or “comp at” price when the same items had not been sold at the advertised regular or “comp. at” price for at least 28 of the preceding 90 days. Harbor Freight disputes Plaintiffs’ allegations, and believes that it complied with all applicable laws at all times. The Court did not decide in favor of Plaintiffs or Harbor Freight, and the Court has made no decision that Harbor Freight did anything wrong. Instead, both sides agreed to a settlement.
National Sale Price Settlement
c/o GCG PO Box 10351
Dublin, OH 43017-5551