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Florida PetSmart Sales Tax Class Action Lawsuit

This lawsuit claims that PetSmart violated Florida State Law by unlawfully charging consumers sales tax on the purchase of prescription animal food.  Florida law exempts prescription animal food from sales tax.

            One plaintiff in this case, Scott Leeds, is a citizen and resident of Broward County, Florida.  After obtaining a prescription from his duly licensed veterinarian at a Banfield clinic, Leeds purchased prescription dog food multiple times from PetSmart and was charged a sales tax each time.  On July 13, 2016, he purchased one can of Hill Prescription Diet dog food from a PetSmart in Miami.  The purchase price was $2.59 and he was charged $0.19 at a 7.0% rate, bringing his total to $2.78.  On September 8, 2016, he purchased a 27.5-pound bag of Hill Prescription Diet dog food from a PetSmart in Pembroke Pines, FL.  The cost of the bag was $71.21 after deducting a $5.00 off coupon from his total purchase and the tax charge was $4.27 at a 6.0% rate, bringing his total to $75.48. 

            Florida has enacted laws exempting prescription pet food from sales tax to help consumers.  According to an annual report by Banfield Pet Hospital, 1 in 300 dogs and 1 in 100 cats suffer from diabetes.  This same report notes that since 2007, issues with obesity have jumped 179% in cats and 74% in dogs.  Banfield partners with PetSmart in providing consumers and pets with the food they need to live healthy lives.  PetSmart’s Code of Ethics and Integrity states, “At PetSmart, we pride ourselves on doing the right thing, even when it’s hard.  This means that we take responsibility and act with integrity.”  Making pet owners pay more for prescription food, essential to their pets’ health, is certainly not “doing the right thing” and does not demonstrate integrity.

            Based on the facts of the case, the plaintiffs in this lawsuit allege that PetSmart violated the Florida Deceptive and Unfair Trade Practices Act.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

PetSmart Sales Tax Complaint

November 21, 2016

This complaint claims that PetSmart unlawfully charged customers sales tax on prescription dog food in Florida.

petsmart_sales_tax_complaint.pdf

Case Event History

PetSmart Sales Tax Complaint

November 21, 2016

This complaint claims that PetSmart unlawfully charged customers sales tax on prescription dog food in Florida.

petsmart_sales_tax_complaint.pdf
Tags: Sales Tax, Unfair Services