Preliminary Approval Granted In Lawsuit Involving Alleged Sales Tax Refunds For Less Than the Full Amount of Sales Tax Paid at Wal-Mart or Sam's Club

Aug 04, 2015, 16:53 ET from Class Action Administration, Inc.

CLEVELAND, Aug. 4, 2015 /PRNewswire/ -- The United States District Court for the Northern District of Ohio has granted preliminary approval to a proposed settlement in a class action lawsuit claiming that when items purchased from Wal-Mart or Sam's Club retail locations, or on-line from Walmart.com or Samsclub.com were returned to a location different than the location of purchase, the amount of sales tax refunded or credited was, at times, less than the full amount of sales tax paid at the time the product was purchased.

The case is Shaun Brandewie, et al. v. Wal-Mart Stores, Inc., (Case Number 1:14-CV-00965).

The settlement provides for both injunctive and monetary relief.  For injunctive relief, Wal-Mart has agreed to implement an electronic solution to automate the process of calculating the applicable sales tax refund (if any) when an item purchased at a Wal-Mart or Sam's Club retail location in the United States, or on line from Walmart.com or Samsclub.com for delivery within the United States, is returned to a Wal-Mart or Sam's Club retail location that is in a different tax jurisdiction than the jurisdiction in which the item was purchased. For monetary relief, Wal-Mart has agreed to pay $5 million to pay for claims, attorneys' fees and expenses, incentive awards to class members and administration of the settlement proceeds. Eligible class members will have the opportunity to apply for and receive a credit in the form of a gift card that is redeemable towards purchases made at Walmart stores, Sam's Club stores, walmart.com, or samsclub.com. 

Who is Eligible?
The Court has decided that for settlement purposes, any individual person who purchased a product from, or was given as a gift a product purchased from Wal-Mart or Sam's Club, returned the product, and the amount of sales tax refunded or credited was less than initially paid between May 2, 2010 and July 16, 2015 is considered a Settlement Class Member.

How to Receive a Benefit
To receive a settlement benefit, you must submit an online Claim Form on the settlement website on or before December 18, 2015.

Class Members also have the right to exclude themselves from the proposed settlement or object to a portion or all of the proposed settlement. A fairness hearing is scheduled on December 17, 2015, in the United States District Court for the Northern District of Ohio. 

For more information about the settlement – including instructions about how to exclude yourself from the settlement and preserve your right to sue on your own, and on how to object to the settlement – visit www.WalmartSalesTaxSettlement.com or call the Claims Administrator toll free at 1-844-239-6705. Please do not contact the Court.

The Class Representatives and Settlement Class Members are represented by the Spangenberg Law Firm (www.spanglaw.com).

 

SOURCE Class Action Administration, Inc.



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