Harbor Freight Proposed Class Action Settlement

I was looking through my emails and stumbled across this news in my spam folder. So here’s the deal, the budget retail store giant Harbor Freight has a lawsuit on their hands.

What it’s all about

Basically the plaintiff is alleging that 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.

As you may know, legal disputes and battles can drag on forever and have lots of expenses for both parties, so rather than battle it out in court, both parties have agreed to settle.

There is 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 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.

If you have recently shopped at HF you may have already received one of these notices in your email inboxes which means you might be entitled to a portion of the settlement.

I don’t know if HF violated any laws. What do you guys think?

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Brent
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Brent

Here’s my guess about how this sort of class action goes. I suspect a lot of stores whose business is built on aggressive discounts exaggerate the “regular” price of their goods and don’t actually sell anything at the “Compare At:” price, which is often made up. If you’re a class action lawyer, you get a big percentage of the total lawsuit settlement value. The ideal lawsuit to file, then, is one where the evidence is pretty easy to collect and the charges are thus easy to prove. And that’s exactly what’s going on here. All you have to do to… Read more »

John douglas
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John douglas

Easier said than done