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Unfair Sales Tax Class Action Lawsuit; Numerous Retailers Sued

Retailers Sued for Charging Sales Tax on Face Masks!

An Unfair Sales Tax class action lawsuit has been filed against several retailers for allegedly charging sales tax on tax-exempt face masks and coverings during the pandemic.

The class action lawsuit accuses the retailers of unfairly charging sales tax on purchases of protective face masks and coverings, which violated Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.

The lawsuit was filed against the following companies:

  • American Eagle Outfitters
  • Foot Locker
  • Kohl’s
  • J. Crew
  • The Gap
  • Hot Topic
  • Carter’s
  • Chico’s
  • Express
  • Francesca’s
  • Gabriel Brothers
  • Genesco Inc.
  • Tapestry Inc.
  • Vera Bradley Inc.
  • Walgreens
  • Old Navy
  • Kate Spade

Read about the case under the name: Daniel Garcia v. American Eagle Outfitters Inc., et al., in the Court of Common Pleas of Allegheny County, Pennsylvania.

Are you affected by the allegations in this class action lawsuit? Contact us today for help.

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Sales Tax on Face Masks

According to the class action lawsuit, the retailers “knew or should have known that it was impermissible to charge or collect sales tax on protective face masks based on widely disseminated messages regarding the tax exemption for protective face masks during the state of emergency in Pennsylvania.”

Face masks are typically subject to sales tax in Pennsylvania. However, the pandemic caused an emergency disaster declaration which effected a sales tax exemption on face masks. This is because they are classified in the same category as medical equipment such as disposable surgical masks and ventilators during the pandemic.

Consumers were allegedly charged 7 percent sales tax for the face masks and were only discovered when they checked the receipts and saw the sales tax charge.

This not only violates the emergency order but also the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

The lawsuit claims that the retailers engaged in “fraudulent and deceptive conduct” that “created a likelihood of confusion or misunderstanding… At a time when 16% of Pennsylvanians were unemployed, these retailers disregarded Pennsylvania’s Department of Revenue and collected sales taxes on facemasks we had to purchase to go to work, attend school, and shop for groceries.”

The class action lawsuit seeks damages of $100 per violation by all companies, court costs, and attorneys’ fees.

Editor’s note on the Unfair Sales Tax Class Action Lawsuit:

This piece is written about the recent Face Mask Retailers Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.

If you believe that what is alleged in the Pennsylvania Face Mask Retailers class action lawsuit has affected you, please don’t hesitate to reach out to us.

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We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join the consumer class action. If interested, please send an email to, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.

Similarly, please check out our current list of Class Actions and Class Action Investigations, here.

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