H-F class action suit

[Steve Wastler]

Had an email this am regarding an ongoing class action suit against Harbor Freight. Something to due with sale prices being compared to comp prices or regular pricing not charged 28 days during 90 day period prior to sale pricing.

Looks like both parties have agreed to a 25 million dollar settlement.

This may put a hurting on inexpensive tools for the hobbiest, in the near future....

[H. L. Chauvin]

Sounds like Free Trade ....... where Free Trade only cost $25M ..... $25M to Consumers that is ..... got to come from somewhere ......thinking about buying a few of their 50 cent wrenches prior to their settlement ...... hope this helps ...... maybe just too many ridiculous Government Regulations .....

[SeaSlugs]

https://topclassactions.com/lawsuit-...-sale-pricing/

that guy and those money greedy lawyers need to find something better to do....

[Topher5150]

Originally Posted by SeaSlugs

https://topclassactions.com/lawsuit-...-sale-pricing/

that guy and those money greedy lawyers need to find something better to do....

If you suffered from death call now
I have ye olde antenna tv, and I'd say that about half if not more of the ads on tv are from ambulance chaser law firms. If I enjoyed throwing away money on satellite, or cable this would be the main reason.

[Mike V. Florida]

Originally Posted by SeaSlugs

https://topclassactions.com/lawsuit-...-sale-pricing/

that guy and those money greedy lawyers need to find something better to do....

A few years ago there was someone that went around and looked for products with a patent number on it. Styrofoam cups and the like that have the patent number as part of the mold. He would then look up the patent and if expired, would sue the company for each item with the patent number on it. Made a small fortune.

As for this suit, does anyone really believe it when any company states a "compared to price"? Remember the recent law suit against Lowes because a 2x4 is not really 2" x 4"? Maybe I can sue because a man hole cover does not really cover a man's hole!

[40 Deluxe]

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Originally Posted by Mike V. Florida

A few years ago there was someone that went around and looked for products with a patent number on it. Styrofoam cups and the like that have the patent number as part of the mold. He would then look up the patent and if expired, would sue the company for each item with the patent number on it. Made a small fortune!

Hmmm, is it really illegal to sell a product with an expired patent? Why? Do you have source material for this? I'm really interested in doing further research. Thanks.

[Jeff/Illinois]

HF-------- Harbor FREIGHT......whew when I first read this I thought somebody was suing Henry Ford

[Dick Steinkamp]

Originally Posted by 40 Deluxe

Hmmm, is it really illegal to sell a product with an expired patent? Why? Do you have source material for this? I'm really interested in doing further research. Thanks.

I think he means that it is illegal to sell an item with an expired patent IF it still carries the patent number on the item

(I have no idea if this is actually true or not)

[Mike V. Florida]

Originally Posted by 40 Deluxe

Hmmm, is it really illegal to sell a product with an expired patent? Why? Do you have source material for this? I'm really interested in doing further research. Thanks.

Originally Posted by Dick Steinkamp

I think he means that it is illegal to sell an item with an expired patent IF it still carries the patent number on the item

(I have no idea if this is actually true or not)

Originally Posted by pj's junkers

Supreme court says yes

Thank you pj's junkers, it is true, I'm not a liar!

" In a recent patent case heard by the Supreme Court in 2009 (Forest Group v. Bon Tool), the Court reinforced the idea that patent protection is for a limited time. The Court reasoned that intentionally continuing to manufacture goods with a patent number of a patent that has expired in an attempt to deceive the public is a deceptive trade practice designed to stifle competition in the marketplace. Potential competitors may be dissuaded from entering the same market if they believe that there is a continued monopoly in place."

"Selling Goods Marked with an Expired Patent is Unlawfu"l

[Tom Wesenberg]

Now I just got my feelings hurt. Can I sure H/F for pain and suffering?

[mike657894]

Steve this shows you what you get when you completely and correctly give information to a store chain. With a class action the people who are injured and can show damages ie hospital bills. Will be reimbursed to the degree they were injured and if you personally feel slighted and keep your receipts and tally them and send copies of them in. You will be sent a check for a percentage of their purchase prices. As a general customer most people that have spent some money at hb can file for a reimbursement without proof and maybe get a check for 40$ they settled for 25 million because thats what they can afford I would guess they pay more to ship they're products than they pay to make them. I wouldn't expect any price increases. I like the store and both my air compressors came from there and they both work well and are years beyond their warranties. Want to do the best thing for harbour freight. File as a class member and when you get that check spend it at harbour freight. Most times these suits have limited members and small caps on payout without receipts. So a majority of the 25 million will land in the lawyers accounts.

[mike657894]

I searched it out and found that the class action is about the deceptiveness of their advertising. Things like giving an original price for the item and it never being available anywhere else or for the price they claimed it would have cost. like the 15$ paint gun that they say originally 49.99 and it never cost that much. Also bait and switch coupons and coupons that suggest full order discounts in the large print and then specify one item in the fine print.

[mike657894]

this site says the settlement pool is 3million http://www.classactionrebates.com/se...arbor-freight/ I dont know what the lawyers get above that. But in this you need recipts to get anything over 10$ and to get the 10$ you need to fille in writing by mail. I dont think there will be many class members. this is the lawyers site handling it with filing info http://www.nationalsalepricesettlement.com/index

[Steve Wastler]

Originally Posted by mike657894

this site says the settlement pool is 3million http://www.classactionrebates.com/se...arbor-freight/ I dont know what the lawyers get above that. But in this you need recipts to get anything over 10$ and to get the 10$ you need to fille in writing by mail. I dont think there will be many class members. this is the lawyers site handling it with filing info http://www.nationalsalepricesettlement.com/index

Here's a paragraph from the email I received a bit more than your 3m figure:

"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."

I agree with Tom and others all I'm worried about is final cost to me which I feel things I have purchased there have been very reasonable

[31 Model A]

Originally Posted by mike657894

this site says the settlement pool is 3million http://www.classactionrebates.com/se...arbor-freight/ I dont know what the lawyers get above that. But in this you need recipts to get anything over 10$ and to get the 10$ you need to fille in writing by mail. I dont think there will be many class members. this is the lawyers site handling it with filing info http://www.nationalsalepricesettlement.com/index

I joined a Class Action Lawsuit once, it involved me signing a pre-postage card with my signature, I said, what the hell, two years later I got $2.34. I'm sure the lawyers got a bit more.

[leo]

Hey guys, this is nothing new, if you recall several months ago the government fined one of the major retailers JC Penney I think a pile of money for doing the same thing. Basicly advertising something to be on sale down from a price that it was never sold at. It appears that in this case the lawyers make the killing while the class action plaintiffs get bupkus. When the government levies the fines they make the killing and we get the news (again bupkus). Why retailers continue to engage in this stupidity amazes me because it certainly does not appear to be worth the $$$ it costs them if they are charged.

[henry's 31]

What a shame, in the long run the cost gets passed to the consumer.

[California Travieso]

Originally Posted by henry's 31

What a shame, in the long run the cost gets passed to the consumer.

Basic economics says NO in this case. The retail business is too competitive and their profit margins are too small for one retailer to raise prices unless all others who sell the same products raise their prices at the same time. If they raise prices, they lose sales. it just hits that company's bottom line, e.g., they make less profit.

On the other hand, if a monopoly (one seller and many buyers), or an oligopoly (a few sellers and many buyers) like car makers get fined, then they can pass it on to the consumer because they control prices. Same with oil companies. If one seller raises the price the others raise their prices because they can make more money.

David Serrano

[DougVieyra]

Ever heard of VolksWagen ? It does not get more reputable than that.

And look what they did - and got caught.

So how many others out there are doing the same crooked kind of thing , and have not got caught ?

I bought a postage stamp from a "reputable" company (US Postal Service) to mail a 1st class envelope. Some time went by before I was able to use the stamp to mail a letter, and by the time I did get around to mailing it - the price had gone up and my postage stamp was no longer valid - without kicking in an additional amount. After a lot of complaints to Congressmen and Senators, the company that sold the stamps (US Postal Service) now have an alternative to get the government off their backs - it's called a "Forever" Stamp.

That is just a 'soft' gouge, but it does show how endemic that kind of practice is. And it has been around a long time. Two thousand five hundred years ago the ancient Romans had a saying about it - "Caveat de empitor". Which they picked up from the Greeks, who had the same saying (only in Greek) five hundred years earlier. The Greeks probably picked it up from the Persians, who got it from the Sumerians, who got it from . . . .
Well, there is a tale about a fellow who a few years earlier who bought an apple from a beautiful maiden, who had told him all about the good things of the apple, but neglected to say anything about the bad things (of which here were many) - at the time he thought it was a good thing - but, alas, things turned out badly. Or so I am told.

Caveat de empitor - Buyer beware !

[ronn]

Ever heard of VolksWagen ? It does not get more reputable than that.


and they had their best year ever and outsold everyone else......................

sometimes bad press is good press!