Class-action lawsuit against Walmart
HONESDALE, PA — Flyers on display in Walmart in Honesdale have announced a class-action lawsuit making the claim the chain charged too much tax on items purchased with coupons. An Alleghany County man named Brian Farmuth has sued the company, alleging that when he bought items with a coupon, the store charged him tax for the full cost of the item, which is a violation of state law. The case was first brought in 2013, and the court determined a year ago that it would continue as a class-action lawsuit. Last week, the flyers went up.
An online notice approved by the Allegheny County Court of Common Pleas (walmartcouponclassaction.com) says that anyone who purchased an item after June 8, 2007 using a coupon is automatically a member of the class suing Walmart, and if such a person wants to not be a member of the class he or she should contact the law firm of Rothman & Goldman (www.rothmangordon.com.)
The notice says, “The Class Representative is asking the Court and/or a jury to find that Walmart misappropriated money belonging to its customers by engaging in a pattern of unfair trade practices which resulted in overcharging sales tax. The Class Representative is asking the Court and/or a jury to require Walmart to reimburse all Class Members for their losses, and in addition, to pay all Class Members a statutory damage under the Pennsylvania Unfair Trade Practice and Consumer Protection Law in an amount of up to $100 per transaction or person. The Class Representative also seeks payment of all counsel fees from Walmart, and may ask the Court to award counsel fees and costs of suit if the lawsuit is successful or settles. If money or benefits are obtained, you will be notified about how that money or benefits will be reimbursed to the Class, if you are a Class Member.”
Walmart maintains that it did nothing wrong and that it received an opinion from the Pennsylvania Department of Revenue allowing it to collect sales tax of the full cost of items when they were purchased with coupons that reduced the final cost.