Class Action Claims BJ’s Overcharges on Sales Tax
By Kluger Kaplan December 23, 2015
If you like to hunt for sales at BJ’s Wholesale Club Inc., a Miami attorney is trying to put more change back in your pocket.
Steve Silverman of Kluger, Kaplan, Silverman, Katzen & Levine filed a class action complaint alleging the Westborough, Massachusetts-based warehouse club overcharged Florida customers on sales tax when they shopped in stores.
His client, Laura Bugliaro, bought a 55-inch Samsung TV last year at a BJ’s store in Cutler Bay. The TV was discounted to $770 from $1,400, but she was charged sales tax based on the full price, according to her complaint.
“We think that that’s clearly wrong,” Silverman said of the $98 sales tax charge.
The Florida Administrative Code states a retailer offering a discount may tax only the discounted price, according to the complaint.
The plaintiff alleges it’s a “regular practice” for BJ’s to improperly collect sales tax on discounted items at its 31 stores in Florida, and Silverman believes there could be tens of thousands of affected BJ’s club members.
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