PITTSBURGH – Similar to another group of recent litigation, a class action lawsuit claims that a number of retailers have been illegally charging sales tax on the purchases of face masks during the coronavirus pandemic.
Christina Duranko, Gerry McLean, Mary Marous, Joyce Wojton, Beverly Evans, Jennifer Pollock and Martha Bailey (individually and on behalf of all others similarly situated) collectively filed suit in the Allegheny County Court of Common Pleas on Nov. 23.
The lawsuit targets nine different retailers, including Big Lots, Dollar General, Giant Eagle, Jo-Ann Stores, Ollie’s Bargain Outlet Holdings, The Home Depot, Tuesday Morning, Ulta Beauty and Walmart.
Each of the plaintiffs say they purchased masks from the defendant retailers during the coronavirus pandemic, only to later learn that they were charged sales tax. They argue that Pennsylvania state law prohibits sales tax on medical supplies through the Unfair Trade Practices and Consumer Protection Law.
The lawsuit seeks class action status for all those who purchased face masks from those businesses since March 6 and were charged sales tax for them.
For multiple counts of violating the Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, the plaintiffs are seeking a long list of reliefs:
• An order certifying each proposed class, appointing plaintiffs as representative of each proposed class they seek to represent, and appointing undersigned counsel as counsel for each proposed class;
• An order awarding $100 per violation of the UTPCPL, and not a refund of the overcharges that defendants misrepresented as sales tax;
• An order awarding attorneys’ fees and costs; and
• An order awarding all other relief that is just, equitable and appropriate.
The plaintiffs are represented by Kevin W. Tucker of East End Trial Group, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas cases GD-20-011973
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com