Need a legal opinion - Vintage Mustang Forums

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post #1 of 17 (permalink) Old 03-17-2017, 11:53 AM Thread Starter
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Need a legal opinion

I received an e mail this morning about a class action law suit against Harbor Freight, and in the email they said that if I want to opt out of the class action, I have to notify them in writing. I usually just ignore these because it's not worth my time to get $1.50 in restitution. But in this particular suit they say I must notify them if I want to opt out. Question is, If I ignore this will I suffer legally? This class action suit is filed in a court in Ohio, and I'm in Louisiana.

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post #2 of 17 (permalink) Old 03-17-2017, 12:17 PM
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Illegal opinion.
If you do not opt out you will not be able to file a case on your own.
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post #3 of 17 (permalink) Old 03-17-2017, 12:32 PM
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Why is someone suing HF? Because they sell chinese made tools?
Wake up and smell the flowers people!
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post #4 of 17 (permalink) Old 03-17-2017, 12:36 PM
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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.

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post #5 of 17 (permalink) Old 03-17-2017, 01:20 PM
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Those class action suits only benefit the lawyers and maybe one or two people. And they're usually nitpicky stuff like it looks like this one is. I think I got 5 bucks from one of those years ago, usually it's less than a couple bucks. I've been getting info about one for awhile now, and I have no idea how I'm involved cuz I don't recognize the company that's being sued.
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post #6 of 17 (permalink) Old 03-17-2017, 04:53 PM
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That's true, it seems their stuff is perpetually on sale, but so what?! Cheap is cheap, I can't get it that price anywhere else so I'm not about to complain.


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post #7 of 17 (permalink) Old 03-17-2017, 05:21 PM
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Not-legal opinion. Ignore it. If you get anything, you'll get back less than the postage and the value of your time to go to the mailbox. Class actions are only for the lawyers' benefit.
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post #8 of 17 (permalink) Old 03-17-2017, 06:03 PM
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I had a class action suit that paid me $400 from a previous employer. I also had one from a food company that paid $30. I wouldn't worry about it, why opt out? Let them send you the $10 gift card. They evidently got caught doing some false advertising and now have to pay the penalty.
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post #9 of 17 (permalink) Old 03-17-2017, 06:16 PM
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Legal opinion on a Mustang board, is like asking Gloria Allred to inspect a potential barn find Shelby.

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post #10 of 17 (permalink) Old 03-17-2017, 06:38 PM
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Anyone who: 1) didn't already know that their sale claims were totally bogus; 2) bought the tool because of the discount -and 3) now thinks they deserve something, well, that's just a sad state of affairs - sounds like too many lawyers - not enough work...

By the way I had to laugh when I read this topic, somebody is coming HEAR for legal advice - this ought to be good...
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post #11 of 17 (permalink) Old 03-17-2017, 08:19 PM
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Need a legal opinion

Quote:
Originally Posted by dobrostang View Post

By the way I had to laugh when I read this topic, somebody is coming HEAR for legal advice - this ought to be good...

I had to laugh when I read this sentence.


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post #12 of 17 (permalink) Old 03-17-2017, 09:08 PM
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There are Lawyers and Judges on this board. I like building race cars in my spare time. If you bought and have receipts for those purchases then you can make a claim. If you don't then you will participate in the general class of class-action Plaintiffs. If you opt out then you are free to bring suit yourself. Do nothing -- receive nothing. File a claim--receive a distribution(see post above).
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post #13 of 17 (permalink) Old 03-17-2017, 09:20 PM
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Usually we throw them out. However, my wife filled out one for JC Penny and a few months later got a check for over $400! I may quit my day job and start filling those suckers out! LOL
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post #14 of 17 (permalink) Old 03-17-2017, 10:09 PM
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Not that I have a vested interest. I'd say respond to the inquiry.

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post #15 of 17 (permalink) Old 03-17-2017, 10:11 PM
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Quote:
Originally Posted by awhtx View Post
Why is someone suing HF? Because they sell chinese made tools?
Wake up and smell the flowers people!
Right! It's not like HF is trying to kill us! Oh,Wait.......

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