Woman Sues Kmart Over Toilet Paper Tax

[:gremlin]

she sould start wareing diapers could save her some tax dollers.

PITTSBURGH (AP) - A woman has sued Kmart for allegedly collecting a 7 percent state sales tax on a nontaxable item: a 12-pack of toilet tissue. Mary Bach alleges a Kmart department store in the Pittsburgh suburb of Monroeville improperly collected the tax on the $3.99 item, charging her $4.27—or 28 cents too much.

Although most paper goods are taxable under Pennsylvania's sales tax code, toilet tissue is listed as a nontaxable item by the state Department of Revenue.

Bach told the Pittsburgh Post-Gazette she was overcharged for the item at the same store twice before she filed the small claims suit last month in district court in Monroeville.

She is seeking $100 in damages plus court costs for the alleged violation of the state's Unfair Trade Practices and Consumer Protection Law. Under the law, plaintiffs can sue for the amount of the damages or $100, whichever is greater, said Bach, of Murrysville.

A Kmart spokesman did not immediately return a call seeking comment Friday.

[justindiapers]

http://www.post-gazette.com/pg/07278/823039-28.stm

Here's a more in-depth article. She seems to think of herself as the Ralph Nader of checkout errors. I guess everyone has to find their niche in life...

Though the other possibility is that she's found a way to game the system and is using "consumer advocacy" as a cover to keep people from being pissed at her.

[BBoy]

Actually I think its brilliant. K-Mart must be terrified of the possible list of suits that may come in. Did K-mart pay that tax to the government?

[Guest diamondback688]

oh man! this lady needs to get a life. hopefully, the judge will rule against her. i cant believe she is wasting everyone's time, sueing for 100 dollars because they charged her 28 cents to much for an item.

[BBoy]

I don't think this is about the $100. Its about K-Mart illegally taking tax for something that was not taxable. Did K-Mart pay this tax to the government? Somehow I doubt it. Imagine if customers decide to sue on-mass against K-Mart, they would be screwed and rightfully so.

[bigbabbyblue75]

now what happen if it was diapers, diaper tax we all go broke hehe glad i dont have sales tax where i live

[Nat]

Why does she even bother going back to the place for toilet paper? Isn't there another store she can go to?

[Lost_Little_Sarah]

remember folks we are in a age of lawsuit happy people that will sue for anything.

[babyfett]

And to think our taxpayers money is paying for some of the court costs.

[:gremlin]

its a number deal if all there stores are taxing ever one, it could add up to a large chunk of cash. then if there not reporting it to the govement thay could be in truble.

10,000 * 27 cents= $2,700 * 52= $67,500 this is just for 10,000 packs a year. i am shure thay mite sell more than that in one state.

[Dubious]

and so what if its +tax on a tax-free item

u can choose not to buy it or demand a refund since u paid to much according to what it says it should cost

[Diaper Mike 05]

If 27 cents is going to break you, you might want to get a job. Especially since when I worked retail for a national chain, any errors in our computers had to be overridden by managers until the corporate office fixed them.

Besides, a checker isn't going to know off hand what is taxable and what isn't. With high turnover rates in retail, sometimes you're lucky if you can get a person to work there long enough to learn the register well enough to be left alone with it.

[Codymoogle]

LOL wow. Part of me is now ashamed to say that I live in Pittsburgh.

[diapered_josh]

wow, she must have aloy of free time on her hands

[wetdlmass]

man, somepeople have way to much time on their hands lol. o ya and of course a lawyer right there to scoop up on that one lol....figures

[Mworth]

We should be glad that there are active members of society who try to hold the powerful to account. This is not about the compensation but the principle that companies must obey the law. Besides the amount of toilet paper Kmart sells in Pittsburgh is probably in the millions of dolllars range each year and so a lot of money is being collected that should not be.