ST. LOUIS -- A woman is suing a company for an online purchase made in state, but shipped from out of state, allegedly causing her to be charged higher sales tax.
Zoe McKinnon filed a complaint on March 11 in the Circuit Court of the County of St. Louis against Restoration Hardware, Inc. for violation of the Missouri Merchandising Practices Act, unjust enrichment, negligence and money had and received. The defendant removed the potential class action to federal court in May.
According to the complaint, McKinnon purchased an 802-Gram Turkish Towel Set from the Restoration Hardware website, www.rh.com on Feb. 26. McKinnon's shipment allegedly came from Ohio, where the tax rate is different, and she was charged more for her purchase in taxes because of this.
Restoration Hardware is a business operated out of Missouri and according to the "Missouri Department of Revenue, the applicable use tax rate for sales of products through remote sales channels that are shipped by Defendant from an out-of-state facility for delivery," the suit says.
McKinnon seeks compensatory damages, including the return of the full amount of excess taxes paid, restitution, declaratory and injunctive relief, pre and post-judgment interest and attorneys fees and costs. McKinnon is represented by Daniel J. Orlowsky of Orlowsky Law, LLC and Adam M. Goffstein of Goffstein Law, LLC.