Mask Tax Lawsuit Filed Against 15 Retailers

On October 22, 2020, East End Trial Group filed a class action complaint against 15 big-box retailers who are alleged to have wrongly charged sales tax on the face masks that Pennsylvanians must purchase to comply with Pennsylvania’s mask mandates.

These retailers charged sales tax on masks despite the fact that the Pennsylvania Department of Revenue confirmed in April that “[p]rotective face masks that are sold at retail are exempt from Pennsylvania sales tax during the emergency disaster declaration issued on March 6, 2020 by Governor Wolf.”

The Complaint alleges that anyone in Pennsylvania who paid a sales tax on face masks since March 6, 2020 is entitled $100 per purchase.

You can read the Complaint here. You also can read more about the lawsuit here. If you paid a #masktax, contact us today to see if we can help

The Complaint identifies 15 different retailers charging improper tax on masks. Collectively, these retailers operate the following 43 brands:

  • American Eagle
  • Aerie, Tailgate
  • AEO Outlet Store
  • Carter’s
  • OshKosh
  • Skip Hop
  • Chico’s
  • White House Black Market
  • Soma
  • TellTale
  • Express
  • Foot Locker
  • Lady Foot Locker
  • Kids Foot Locker
  • Champs Sports
  • Eastbay
  • Footaction
  • Runners Point
  • Sidestep
  • Francesca’s
  • Gabe’s
  • Journeys, Schuh
  • Johnston & Murphy
  • H.S. Trask
  • Hot Topic
  • JCrew
  • Madewell
  • Kohl’s
  • Coach
  • Kate Spade
  • Stuart Weitzman
  • Old Navy
  • Gap
  • Banana Republic
  • Athleta
  • Intermix
  • Janie and Jack
  • Hill City
  • Vera Bradley
  • Pura Vida
  • Walgreens.