March 15, 2017
Notice of Proposed Class Action Settlement
PLEASE READ - NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
A COURT ORDERED THIS NOTICE TO BE PUBLISHED. YOU MAY BE ELIGIBLE FOR BENEFITS FROM THE PROPOSED SETTLEMENT OF A CLASS ACTION FILED ON YOUR BEHALF. YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT.
A class action settlement has been reached in the lawsuit Beck v. Harbor Freight Tools USA, Inc., Lake County, Ohio Court of Common Pleas No. 15CV00598. Class Members may ask for a payment, exclude themselves from the settlement, object to it, or ask to speak at the upcoming final approval hearing. More detailed information about the settlement and your options is available at www.nationalsalepricesettlement.com.
What is the Case About?
Plaintiff contends that Harbor Freight improperly advertised 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 this and contends that it has always complied with applicable laws.
Who is Included?
Members of the Settlement Class are individuals in the United States who between April 8, 2011 and December 15, 2016 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, excluding Harbor Freight's employees, representatives, court officials in this case, and those already a party to a suit against Harbor Freight challenging advertised pricing.
What Does the Settlement Provide?
If approved, eligible Class Members who timely file claims may receive either a check or a Harbor Freight gift card. The amount of compensation Class Members are eligible for will depend on the amount of their Harbor Freight purchases; whether they have supporting documentation (i.e., itemized receipts or credit/debit card statements) for those purchases; whether they opt for a check or a gift card; and the number of Class Members who submit valid claims. Visit www.nationalsalepricesettlement.com for more details about available compensation.
Plaintiffs will ask the Court for attorney's fees and expenses of up to $10,000,000 on behalf of the counsel who represented plaintiffs and the Class. Plaintiffs will also ask the Court for $10,000 in incentive compensation for Class Representative Beck.
How Do You Ask for a Payment?
To receive a payment, you must complete a Claim Form and mail it, or submit it online, no later than August 7, 2017. To download a Claim Form or to submit a claim online, and to view instructions on how to submit a Claim Form, visit www.nationalsalepricesettlement.com.
What Are Your Other Options?
If you don't want to be legally bound by the settlement, you must exclude yourself from the Class by mailing your request to National Sale Price Settlement, c/o GCG, PO Box 10351, Dublin, OH 43017-5551 by June 7, 2017. If you timely exclude yourself, you can't get a payment from this settlement. If you have not excluded yourself from the Class, you may also object to the settlement by filing a notice of intent to object with the Clerk of Courts by June 7, 2017. Visit www.nationalsalepricesettlement.com for details on how to exclude yourself or to object.
The Court will hold a hearing on July 7, 2017, at 1:15 p.m., at the Lake County Court of Common Pleas, 47 North Park Place, Painesville, Ohio 44077, to consider whether to approve the settlement and the requests for attorney's fees, incentive payment, court costs, and expenses to be paid by Harbor Freight. You or your own attorney may ask to appear and speak at the hearing, at your own cost. If the settlement is approved, Class Members will release Harbor Freight from liability for the claims in this case.
To learn more, visit www.nationalsalepricesettlement.com or call 1-888-321-0482. PLEASE DO NOT CALL THE COURT, CLASS REPRESENTATIVE BECK, HARBOR FREIGHT, OR HARBOR FREIGHT'S COUNSEL REGARDING THIS MATTER.