I got an email on the matter. Seems it's been settled and people are possibly eligible to get compensation.
My bet is that the total payout is going to exceed the $23 million and all the claimants will get a few dollars each.
Court Authorized Notice of Settlement
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.
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.