Subject: Court Authorized Notice of Settlement
From: "[email-masked]" <[email-masked]>
To: "[email-masked]" <[email-masked]>
Date: Fri, 17 Mar 2017 19:27:20 +0000

CLAIMANT ID NO.:  5512801                                                                               CONTROL  NO.: 9784028100
&nbsp;
PLEASE READ THIS NOTICE OF PROPOSED CLASS ACTION SETTLEMENT 
A COURT ORDERED THIS NOTICE.  YOU  MAY BE ELIGIBLE FOR BENEFITS FROM A PROPOSED CLASS ACTION SETTLEMENT.  YOUR RIGHTS MAY BE AFFECTED BY THIS  SETTLEMENT.
YOU  MUST RESPOND TO THIS NOTICE BY FILING A CLAIM FORM TO RECEIVE  COMPENSATION.  IF YOU DO NOT WANT TO BE  PART OF THE SETTLEMENT, YOU MUST TAKE THE STEPS DESCRIBED IN THIS NOTICE BY JUNE  7, 2017.

This is a proposed settlement of a class  action lawsuit brought in the Common Pleas Court of Lake County, Ohio (the  &ldquo;Court&rdquo;), 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&rsquo;s claims  alleging that Harbor Freight violated the law by advertising merchandise as &ldquo;on  sale&rdquo; or &ldquo;comp at&rdquo; that had not been sold at the stated regular or &ldquo;comp at&rdquo;  price for 28 of the preceding 90 days.   Harbor Freight disputes Plaintiff&rsquo;s allegations and believes that it  complied with all applicable laws at all times.

Plaintiff and Harbor Freight have concluded  that settlement is in their best interests because of the uncertainty,  expenses, risks, and delays of litigation.  The parties have reached 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 preliminarily  approved the settlement as fair, reasonable and adequate.  On July 7, 2017, at 1:15 p.m., at the Lake  County Courthouse, 47 North Park Place, Painesville, Ohio, 44077, the Court  will hold a Settlement Approval Hearing to decide whether to issue final  approval of the settlement.

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 &ldquo;Class Period&rdquo;)  purchased any product from Defendant which was advertised with a higher  reference price (e.g., &ldquo;reg. $XXX,&rdquo; &ldquo;only $XXX,&rdquo; or &ldquo;comp. at $XXX&rdquo;)  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&rsquo;s employees, representatives, court officials in  this case, and any customer already party to a suit against Defendant  challenging advertised pricing.

Harbor  Freight&rsquo;s records indicate you may be a Class Member if you  received this notice.
 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 &ldquo;you saved&rdquo; 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 &ldquo;you saved&rdquo; 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., &ldquo;reg. $XXX,&rdquo; &ldquo;only $XXX,&rdquo; or &ldquo;comp. at  $XXX&rdquo;) 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&rsquo;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.
More information, as well as the settlement  agreement and other filings, is available at www.nationalsalepricesettlement.com.  You may review all filings at the Clerk of  Courts, Lake County Court of Common Pleas, 25 North Park Place, Painesville,  Ohio, 44077.
Plaintiff will apply to the Court for an  award of attorney&rsquo;s fees and expenses not to exceed a total of $10,000,000 on  behalf of the counsel who have represented Plaintiff and the class in this  action.  Plaintiff will also apply to the  Court for an award of $10,000 in incentive compensation to the Class  Representative Beck.  For more  information about the settlement and your options, you can visit www.nationalsalepricesettlement.com.
RIGHT TO REMAIN IN  THE CLASS, OBJECT, OR TO OPT OUT
1.  To make a claim for payment:
To receive a payment, you must complete, sign  and submit a Claim Form no later than August 7, 2017.  Class Members selecting options A and B above  may CLICK HERE to submit the Claim Form online.  Class Members selecting option C above may CLICK  HERE to download and print a Claim Form which must be mailed to National Sale Price  Settlement, c/o GCG, 
PO Box 10351, Dublin, OH 43017-5551, postmarked no later than August 7, 2017.  If your  Claim Form is not timely postmarked or timely submitted online, you will not  receive a payment.  If you remain in  the Class, your interests will be represented by class counsel without  additional cost, and you will be bound by the Court&rsquo;s decisions, whether  favorable or unfavorable.  If the Court  approves the proposed settlement and you do not timely request to be excluded  from the Class, you will give up all claims against Harbor Freight relating to  this lawsuit, except your right to receive a settlement payment, if  eligible.  BY REMAINING IN THE SETTLEMENT  YOU DO NOT OWE ANY MONEY AND WILL NOT HAVE TO PAY ANYTHING.
2.  To opt-out:
If you do not want to be in the Class,  you must mail written notice of your request to exclude yourself from the Class  to the address below postmarked by June 7, 2017.  If you timely exclude yourself, you will not  receive any benefit under the proposed settlement and you will not be bound by  the Court&rsquo;s decisions.  To be excluded,  your written notice must state &ldquo;I request to be excluded from the Beck v.  Harbor Freight settlement class.&rdquo;  Your  written notice also must contain your name and address, and must be signed and  dated by you.  Your written notice to be  excluded must be signed by the Class Member, and not by anyone else as a  representative of a Class Member (unless the Class Member is deceased or  incapacitated).  Failure to comply with  these requirements may result in your opt-out request being invalid.  Send written notice of your exclusion request  to the following address:  National Sale  Price Settlement, c/o GCG, 
PO Box 10351, Dublin, OH 43017-5551.
3.  To object to the settlement:
Unless you request to be excluded from the  Class, you may file a Notice of Intent to Object to any aspect of the proposed  settlement or the application by Plaintiff's counsel for attorney&rsquo;s fees, but  you will be bound by the Court&rsquo;s decisions, even if the Court does not agree  with your objections.  In order to object,  you must send a written Notice of Intent to Object that includes 
(i) the specific reasons for your objection(s), as well as a detailed statement  of the factual and legal reasons you have for each objection; (ii) any evidence  you may present at the Settlement Approval Hearing in support of your  objection(s), including the names and addresses of witnesses and a summary of  their proposed testimony, and copies of any written evidence; 
(iii) your name, address and telephone number; and (iv) whether you intend to  appear at the Hearing.

In order to be effective, Notice of Intent to  Object must be filed with the Court by June 7, 2017, and copies sent to the  following addresses:

    Clerk    of Courts
      Lake    County Court of
      Common Pleas
        25 North Park Place
      Painesville, Ohio, 44077     
      
    DWORKEN &amp; BERNSTEIN CO.,     
      L.P.A.
        Attn.:  Nicole Fiorelli
        60    South Park Place
      Painesville,    OH  44077
    BAKER &amp; HOSTETLER LLP
      Attn.:     Rodger Eckelberry
      65 East State St.
      Suite 2100
      Columbus, Ohio 43215 

Notices of Intent to Object cannot be  submitted online.  The Court will not  entertain objections, nor allow appearances at the Settlement Approval Hearing,  unless you comply with the requirements set forth above.  Late objections and those not submitted in  compliance with all the above requirements will be deemed to have been  waived.  Any judgment entered will be  binding on all Class Members who have not timely requested exclusion from the  Class.  If you object to the proposed  settlement, you may still receive benefits if the Court approves the proposed  settlement and you are eligible for a distribution.
If you do not opt-out of the Class, then you  remain in the Class, even if you do not file a Claim Form.  You will be bound by the Court&rsquo;s decisions,  whether favorable or unfavorable to the Class.
CLASS COUNSEL
The Court has designated the following  attorneys to represent the Class in this lawsuit:

Patrick J. Perotti, Esq.
  Nicole Fiorelli, Esq.
  DWORKEN &amp; BERNSTEIN CO., L.P.A.
  60 SOUTH PARK PLACE
PAINESVILLE, OHIO 44077
You will not be separately charged for the  services of counsel representing the Class in this lawsuit.  You have the right (but do not need) to  retain your own attorney in this matter, but if you do, you will be responsible  for paying your own attorney&rsquo;s fees and expenses.
ADDITIONAL  INFORMATION
  
This Notice is only a summary of the proposed  settlement, which is set forth in detail in a Settlement Agreement, which you  may view online at www.nationalsalepricesettlement.com.  For more details about the litigation you may  review all case filings during business hours at the Clerk of Courts, Lake  County Court of Common Pleas, 25 North Park Place,  Painesville, Ohio, 44077.
If you have any  questions, visit www.nationalsalepricesettlement.com, call the Settlement  Administrator at 1-888-321-0482 or contact Plaintiff&rsquo;s counsel listed  above.  PLEASE DO NOT CONTACT THE COURT, CLERK OF COURTS, CLASS REPRESENTATIVE  BECK, HARBOR FREIGHT, OR COUNSEL FOR HARBOR FREIGHT REGARDING THIS MATTER. THEY  ARE NOT ABLE TO ANSWER YOUR QUESTIONS.
&nbsp;
DATED: March 15, 2017
The Honorable Vincent  A. Culotta 
  Judge, Lake County Common Pleas

If you wish to UNSUBSCRIBE from future email messages relating to  this Settlement, please  click  on this link.