American Eagle Outfitters, et al. v. Garcia
Superior Court of Pennsylvania Western District
The RLC filed a brief in support of the retail defendants who were sued for allegedly over-collecting sales tax on face masks. Plaintiffs are attempting to sue under PA’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) for deceptive “trade or commerce”. While similar cases filed and removed to federal court have been dismissed with prejudice, the state courts have not yet done so. The RLC points out that collecting sales tax does not meet the “trade or commerce” clause under the UTPCPL because the retailers were acting as agents of the state. The brief was drafted by Meredith Slawe of RLC Premier Member Cozen O’Connor.
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