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Walmart, Sam’s Club Sale Items Taxed at Non-Sale Prices Class Action

You wouldn’t think that a company as large as Walmart (or Sam’s Club) would scrape extra pennies from customers in the guise of sales taxes, but that’s what the complaint for this class action alleges. It claims that, for sale items, Walmart calculates the sales tax based on the original price of the item, instead of on the actual price paid by the customer.

The class for this action is all residents of Maryland, between March 27, 2016 and March 27, 2019, 

  • Who made a purchase at Walmart or Sam’s Club
  • Where the purchase included an item with a sale price, 
  • Where Walmart calculated the sales tax amount on a price greater than the sale price, and
  • Who paid more than the sale price amount and
  • Who did not receive a refund of the excess price.

Walmart’s sales are subject to sales taxes in all states except Alaska, Delaware, Montana, New Hampshire, and Oregon. The complaint contends that it charges an excessive amount of sales tax for sale items. Does Walmart actually remit this amount to the taxation authorities, or does it become a little extra profit on millions of transactions?

On July 12, 2018, plaintiff Robert Van Buren bought several items at a Sam’s Club in Annapolis, Maryland. One of the items he bought was a Sonicare product, for which the price had been reduced by $8, to $31.98.

The total cost of the items he bought that day was $38.12, on which he should have paid a 6% sales tax of $2.29. Instead, the store charged him $2.77 in sales tax. The complaint asserts that if the store meant to charge sales taxes based on the original prices of items, it should have notified customers of that.

The complaint details several other purchases including sale items where the sales tax appears inflated:

  • On August 31, 2018, on a total purchase of $52.60, the tax should have been $3.16; instead, the store charged $3.33.
  • On September 10, 2018, on a total purchase of $322.96, the tax should have been $19.38; instead, the store charged him $23.88.
  • On September 16, 2018, on a total purchase of $12.73, the tax should have been $0.76; instead, the store charged $0.93.
  • On October 24, 2018, on a total purchase of $13.77, the tax should have been $0.83; instead, the store charged $0.95.

The complaint makes claims under laws against negligent misrepresentation and fraud.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Walmart, Sam’s Club Sale Items Taxed at Non-Sale Prices Complaint

March 27, 2019

You wouldn’t think that a company as large as Walmart (or Sam’s Club) would scrape extra pennies from customers in the guise of sales taxes, but that’s what the complaint for this class action alleges. It claims that, for sale items, Walmart calculates the sales tax based on the original price of the item, instead of on the actual price paid by the customer.

walmart_sales_tax_on_sale_items_compl.pdf

Case Event History

Walmart, Sam’s Club Sale Items Taxed at Non-Sale Prices Complaint

March 27, 2019

You wouldn’t think that a company as large as Walmart (or Sam’s Club) would scrape extra pennies from customers in the guise of sales taxes, but that’s what the complaint for this class action alleges. It claims that, for sale items, Walmart calculates the sales tax based on the original price of the item, instead of on the actual price paid by the customer.

walmart_sales_tax_on_sale_items_compl.pdf
Tags: Improper Sales Tax Charges, Sales Tax