St. Louis Record

Friday, December 6, 2019

Consumers claims Target charged the wrong sales tax rate on food

By Noddy A. Fernandez | Jul 12, 2017

Law money 13

ST. LOUIS — Consumers have filed a class-action lawsuit against a retail store corporation, citing alleged unjust enrichment.

Kathryn Schott, John Westhoff and Marilyn Roers, on behalf of themselves and all others similarly situated, filed a complaint June 27 in the St. Louis 22nd Judicial Circuit Court against Target Enterprise Inc. and Target Food Inc., alleging the defendants violated the Missouri Merchandising Practices Act.

According to the complaint, the plaintiffs allege that they purchased various products from the defendants that allegedly charged with the incorrect percentage of sales tax. The plaintiffs claim food items with nutrition facts were charged at 4.225 percent sales tax rather than the reduced 1.225 percent state sales tax rate for qualifying food. 

The plaintiffs hold the defendants responsible because they allegedly failed to disclose to customers that it was charging a higher state sales tax rate on the products that contain a nutrition facts label and failed to exercise reasonable care to determine, represent, charge and collect the correct amount of sales tax on food and services.

The plaintiffs request a trial by jury and seek to award punitive damages, pre- and post-judgment interest, attorneys' fees, costs and further relief as the court deems fair and reasonable. They are represented by Adam M. Goffstein of Goffstein Law LLC in St. Louis and Daniel J. Orlwosky of Orlowsky Law LLC in St. Louis.

St. Louis 22nd Judicial Circuit Court case number 1722-CC10672

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St. Louis 22nd Judicial Circuit Court