In a recent Law360 article, tax partner and tax controversy group co-founder Kat Gregor, tax controversy counsel Elizabeth Smith and tax associate Stefan Herlitz analyze the costly risks that loom if retailers collect too much sales tax including private class action lawsuits seeking refunds of over-collected sales tax.
The authors explain that the trend of consumer sales tax class action suits will grow with the proliferation of states' Wayfair sales tax collection regulations, and retailers' struggling to keep up with the requirements. In response, more retailers may add class action waivers to their terms of use.
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