Harbor Freight Tool Class Action

[Motorman55]

What's deceptive about a 20% Off Coupon that clearly states for (1) item only?

A lot of clothing outlets do the same thing. Bed Bath & Beyond where my wife goes sometimes when she gets their Big 20% Off Coupon in the mail. It clearly states in smaller print, good for 1 item only.

So where's the deception?

 

[Marcm157]

Seems to be another frivolous lawsuit that will bog down our legal system earning the lawyers involved a windfall and each affected "Member of theClass" $2.47... It may have some merit but a lawsuit???

 

[dogdog]

That's an outright lie. The cash register automatically applies the discount to the highest priced item you bought.

Shakespeare had it right. GRRRRRRRRRR

What's deceptive about a 20% Off Coupon that clearly states for (1) item only?

A lot of clothing outlets do the same thing. Bed Bath & Beyond where my wife goes sometimes when she gets their Big 20% Off Coupon in the mail. It clearly states in smaller print, good for 1 item only.

So where's the deception?

who knows.... the 20% thing applies to the hightest price item that is not within the excluded items list such as compressors/ tool draws those thing... maybe he bought those items and wanted to use 20% on the expensive $1000 tool storage.

As far as deceptive advertisement.... there are some , my local HF always advertise 80% off on something but always fails to say what.... or the parking lot sales prices are just no better than any average discounts.... same with the other sales they drums up. .... . But probably no difference than those 99 cents stores and actual price are 99 cents and up.

He is right at certain point about the deceptive advertisement HF uses to attract people into the store.

Article also mention that he wants to represent all "persons" in the US...... so if he wins how is he going to distribute these funds.... who is handling the funds.... who is auditing it? I think that points makes him a Nigerian prince more than the HF Hero..

 

[Zapp Branigan]

When I was a kid, the cheap Japanese junk tools would say something like retail price, $99.99, but have a price sticker that said $4.99. Seems like the same old song and dance. If you can't tell the difference, you probably shouldn't be allowed to handle money.

 

[speed bump]

I wonder if I can prove standing via hearing about his idiocy over the Internet and sue him for annoying me and being stupid.

If he wants to sue someone for deceptive marketing, he should sue the people who put up click bait headlines.Not only should he win, everyone in the world will consider him a hero.

 

[TK-421]

I think it has a real chance of sticking since it's in California, anywhere else and he'd likely be ******* into the wind. However, since it's a class action suit, the only one who will make any money will be the lawyers.

Recently got an e-mail saying that since I had bought tickets through one of the online ticket places, apparently I'm eligible for like a $2 credit towards my next ticket purchase. I laughed and deleted the e-mail, $2 isn't worth my time.

 

[Evilunclegrimace]

While it my be the buyers responsibility to guess at the quality of what they are buying, deliberate falsification of description is and should be a crime.

My latest harbor flier has a 'compare at' of the 'new deep cut portaband saw'
HF 99.99 save 179 dewalt 299 milwaukee 279.99, so maybe those numbers do come from somewhere.

The adds does not say "of equal quality" it says "compare at"

 

[Empty Pockets]

Color me shocked, a you mean a consumer needs to pay attention and maybe do some research before believing every advertisement they see?

I bet the plaintiff also is going to sue Nigeria because a prince promised him some money.

I'm still waiting for the Nigerian Prince to pay me, as well.....not to mention the Arab Sheik LOL

 

[Fedwrench]

I can't think of anything in a Harbor Freight store worth suing over

As far as deception goes, the only thing I can think of would be placing the word pro or professional on a harbor freight tool

Only in the sue happy republic of california

 

[PugetDude]

Litigation Lotto, with sleazeball lawyers handing out free tickets.

 

[four.cycle]

As far as deception goes, the only thing I can think of would be placing the word pro or professional on a harbor freight tool

 

[L.Cheapo]

Pennsylvania should get involved for besmirching the name "Pittsburgh". And spend the proceeds on driver training, particularly the act of merging.

 

[southalabama]

Class action.
Only the lawyer and named plaintiff gonna get anything.
But then again plaintiffs lawyer likely financing the fishing expedition.

In the end each consumer will get about 72 cents after filing a claim.

 

[wyo george]

Ted is just bored and lonely. According to a quick google search, he recently lost his wife of 40 years. He's 65 years old, a marine, keeps a clean yard and nice house on his corner lot a mile from the lake and flies Old Glory above his front door. Other than that, he's also an attorney himself so this is probably his hobby.

 

[oldtools]

Ted is just bored and lonely. According to a quick google search, he recently lost his wife of 40 years. He's 65 years old, a marine, keeps a clean yard and nice house on his corner lot a mile from the lake and flies Old Glory above his front door. Other than that, he's also an attorney himself so this is probably his hobby.

Wait a minute. He is a lawyer and he can't read fine print.

 

[Loscaldazar]

Wait a minute. He is a lawyer and he can't read fine print.

That's like the first rule of lawyer-ing

Read the damn fine print

 

[gungatim]

I suppose anything's possible in California, but most of his claims are completely false. items are not always on sale, I just had to replace a battery charger and it was regular price and used 20% off coupon. yeah I could have waited for a sale price and used coupon but I needed it...sometimes you do endup paying regular price...and as for always being on sale, every retailer has MSRP and list prices. go to any napa or other commercial store that also sells retail and you see both prices...may as well sue amazon and walmart while he's at it...and every infomercial that compares their cheap knife to some made up german set that costs 20x as much in some catalog they doctored up...get a life.

 

[finn]

What's deceptive about a 20% Off Coupon that clearly states for (1) item only?

A lot of clothing outlets do the same thing. Bed Bath & Beyond where my wife goes sometimes when she gets their Big 20% Off Coupon in the mail. It clearly states in smaller print, good for 1 item only.

So where's the deception?

Nothing, but advertising bogus "sale prices" that aren't sale prices is akin to having perpetual "going out of business" sales, which is illegal in most states.

 

[67King]

It is fraudulent, deceptive, and false advertising. There are several basic marketing tools that are almost ubiquitous. In this case, it is the concept of perishability. A "sale price" implies that the price is perishable, which coerces people to buy before they huddle a chance to do their proper research. Joseph A Bank got nailed for this in New York by a guy who got a few minutes of infamy......Elliot Spitzer.

 

[gungatim]

yeah but you are missing the point, the sale prices ARE perishable. look at the ads, they specify dates. look at the sale tags on the shelf, they have a date. even the perpetual coupons all have expiration dates. some sales overlap, that does not mean it's deceptive. like I said, you occasionally will need something when it is not on sale and have to pay full price if you don't have a coupon. it happens...rare but it does...

 

[stonesfan68]

Since this is class action, all of us, or at lease those of us who live in California can get in on it too. The lawyers will make millions. The rest of us might get a 30% off coupon.

If it turns out like the Kohl's lawsuit then you're pretty close:

"Kohl's agreed to provide a total of $6.15 million, divided among settlement administration costs not to exceed $1 million, reasonable attorneys' fees and costs not to exceed 25 percent of the total or $1.53 million, two class representative payments of $7,500, and roughly $3,597,500 to be disbursed to the class.

Class members are defined as individuals who purchased one or more items from one of the 116 Kohl's stores in California between June 11, 2011, and the present at a purported discount of at least 30 percent off the "original" or "regular" price. Each class member will receive a gift card credit, estimated to be worth $20. The gift cards are fully transferrable and have no expiration date."

And my lawyer friend wonders why people don't like lawyers...

 

[derosa]

Expected this to happen sooner or later. The compare at is a useless thing, compare at what or to what? Different from posting an MSRP which HF can set as the company who is responsible for the labeling. So a coupon is discount from MSRP but using a compare at also misrepresents the actual savings the coupon is giving making them a deceptive practice as well.

 

[Zapp Branigan]

Anyone ever get their free Red Bull because it doesn't really give you wings?

 

[guy48065]

.

First World Problem.

.

 

[gungatim]

Anyone ever get their free Red Bull because it doesn't really give you wings?

nope. never got the free cans of tuna from that class action suit either. or any of the dozen or so I filled out over the years. I think I got <$1 check once for some telemarketing thing or other a few years ago, but that was it...

 

[Mechanical Noise]

This "compare to" pricing **** seemed awfully old school to me, like a blast from the 70s or something like that. Had no idea it was lawsuitworthy. One of the advantages of getting older is my sales resistance has gone WAY up. I suppose HF is trying to entice the suckers which were born every minute during the 80s and 90s.

 

[Motorman55]

HF is not the actual manufacturer of any of the items it sells. It just buys wholesale and sells at the retail level to the consumer.

I'm pretty sure that lots of their items if not all are the same items being made in the same factories or shops in China and sold by various other tool companies and on-line like Amazon, except under a different brand name and different colors.

So, why is it not reasonable for them to use a comparative pricing to those brands and offering their (HF) items at a 'Sale Price' with or without a HF dated coupon?

 

[Brownsfan]

I got a check from Best Buy years ago for $350. It was for working off the clock. When I was the Installation manager we had weekly supervisor meetings that we were REQUIRED to attend weather we were scheduled that day or not. Someone decided it wasn't fair (which it wasn't) and sue. It was calculated by the lawyers the amount of time you were off the clock and at the meetings. If you cashed the check you were no longer a part of the class action. If you didn't and felt like you were owed more then you opted in. I cashed mine.

 

[jd_1138]

HF is not the actual manufacturer of any of the items it sells. It just buys wholesale and sells at the retail level to the consumer.

I'm pretty sure that lots of their items if not all are the same items being made in the same factories or shops in China and sold by various other tool companies and on-line like Amazon, except under a different brand name and different colors.

So, why is it not reasonable for them to use a comparative pricing to those brands and offering their (HF) items at a 'Sale Price' with or without a HF dated coupon?

Because people are whiney little limp wristed tools who love to be "victims" and sue and clog up the courts, and attorneys need to make payments on their new 7 series BMW's.

 

[jhnlngn]

I hope he wins.

I hate deceptive marketing.

Ditto.

 

[rednotch]

Anyone ever get their free Red Bull because it doesn't really give you wings?

no but was offered a red bull for free at atco raceway, guy was shocked when I said no thanks and followed it with, there free.. still haven't even tasted a single "energy drink". Strong caffeine drinks make me crash right after drinking it. If I want to sleep just need a strong cup of coffee. But that is no where near the same as the bi monthly HF "inventory closeouts" at the same or higher price as the coupons they send out monthly. Changing the lot number for the same item doesn't get around this form of false advertising in most states.

 

[oldtools]

SO used to claim " There's a difference" on their tools. Alot of their tools are rebranded so there is no difference. I should sue SO for false advertisement. Though I guess I would loose because those tools have been blessed with the SO sticker; therefore, they are different and magically much better which allow them to charge two to three times higher.

 

[BDT/NWMN]

HF is not the actual manufacturer of any of the items it sells. It just buys wholesale and sells at the retail level to the consumer.

I'm pretty sure that lots of their items if not all are the same items being made in the same factories or shops in China and sold by various other tool companies and on-line like Amazon, except under a different brand name and different colors.

So, why is it not reasonable for them to use a comparative pricing to those brands and offering their (HF) items at a 'Sale Price' with or without a HF dated coupon?

But their ad claims they have spent millions on their factories??

 

[dkop1]

I don't know much about lawsuits and false advertising/deceptive sales practices, but I like to think I have common sense, or at least enough of it. When I shop at HF (Or most anywhere at all) I look at what I'm buying, and what the selling price is, and then determine if it is worth that amount of money to me. At Harbor freight, I usually find that I don't get overcharged for any good. The only thing I've ever bought at HF that was utter garbage was an oil filter wrench that broke, but it wasn't worth my time and gas to return it.

 

[thool]

I agree with most of this. I'm looking right now at a 15" Heavy Duty Flat Pry Bar for $2.99, that says "comp at $8.99". So is that $8.99 the normal HF price, or the price of a competitor?

Also, when the ad says TOOL DISPOSAL NOTICE in large yellow font, it is easy to look at all the prices and assume they are all subject to this major event.

Personally, I usually go there and buy what I need when I need it. The exception is "big" ticket items (> $60) where I will use a 20% off coupon if I can apply it, or just wait for a reduction on that item.

 

[L.Cheapo]

But their ad claims they have spent millions on their factories??

Maybe they're responsible for the suicide clean ups.

 

[Motorman55]

But their ad claims they have spent millions on their factories??

But does HF actually own the factories or small shops that produce the tools in China? Could just be a reference to having invested money to the legal owners for tooling and facility upgrades. I don't know.

 

[jd_1138]

Maybe they're responsible for the suicide clean ups.

That reminds me of the scene in the classic sci-fi film THX 1138 where a couple of workers die in an explosion and are dragged out (with blood being smeared on the floor). And a computer voice says "sector 2916 clean up of 2 destroyed workers".

 

[Loscaldazar]

But their ad claims they have spent millions on their factories??

I think the ad you are referring to says they spent millions on a testing facility in California to test everything they sell (which is true, they have a large warehouse and engineering facility where they do test a lot of the stuff they sell). There are a couple of videos about it too I believe, and since creating that facility, they have created the Pittsburgh Pro line, and have been bringing in some fantastic tools.

Also, harbor freight requires that manufacturers send extra tools so that they test them before selling the batch. So if they ordered 1000 ratchets, the manufacturer has to send 1,010 (just making the numbers up) so that HF can randomly test 10 of the ratchets at that facility.

I'd also say, that in the last several years, HF has improved dramatically and is now offering some very good tools (Pro ratchets and impact sockets, tool boxes). Still own very few things from them though.

Just a side note

 

[Hephaestus29]

I guess you'd think a **** case would
be a no brainer too but I heard on the
news about a judge basically just slapping
a guy on the wrist for ****** a girl while
she was passed out in an alley from a frat
party. More to it but the guy shouldn't
have done it and should have got more
time too.