Missouri TJX Rewards Certificate Sales Tax Class Action Settlement

A settlement has been reached in a class action lawsuit challenging The TJX Companies Inc.’s calculation of sales tax on transactions in the state of Missouri involving the redemption of Rewards Certificates issued to TJX Rewards credit card program members.

According to the TJX class action lawsuit, Missouri law requires sales tax to be imposed on all retail sales within the state, but that the “tax shall only apply to the sale price paid by the final purchaser and not to any off-invoice discounts or other pricing discounts or mechanisms negotiated between manufacturers, wholesalers, and retailers.”

Plaintiff Paige Ashley Waits claims that Rewards Certificates qualify as “pricing discounts” and that sales tax should not be applied for the amount discounted by the Rewards Certificates. She says TJX wrongly collected sales tax on the full price of an item (or items) purchased, even when the purchaser applies Rewards Certificates and pays a discounted price for the merchandise.

Waits asserts in the sales tax class action lawsuit that TJX’s actions are in violation of the Missouri Merchandising Practices Act and constitute unjust enrichment.

TJX denies any wrongdoing and maintains that its sales tax treatment with regard to Rewards Certificates is consistent with applicable Missouri law. However, the company has agreed to settle the class action lawsuit to avoid burden and expense associated with ongoing litigation.

Class Members who wish to opt out of or object to the TJX Rewards credit card settlement must do so no later than Aug. 11, 2016.

Who’s Eligible

Class Members include Missouri residents who, between July 15, 2010 and April 28, 2016, made a purchase from any TJX retail location in Missouri (or made an online purchase from a TJX website and had the purchase shipped to a Missouri address) using one or more TJX Rewards Certificates, and where TJX assessed sales tax on the transaction including the amount of the Rewards Certificate(s).

Potential Award

To Be Determined.

Current TJX Rewards credit card holders will receive an automatic award of Reward Points. Current card holders do not need to file a Claim Form to receive this benefit.

Class Members who are not current TJX Rewards credit card holders and who submit a timely and valid Claim Form will receive a gift card.

The amount of the award will be determined after the Settlement Administrator calculates the total number of eligible Class Members.

Proof of Purchase

N/A. When filing a Claim Form, Class Members must assert under the penalty of perjury that they are not a current cardholder in the TJX Rewards credit card program and that they used a TJX Rewards Certificate as a Missouri resident and were assessed sales tax based on the full price of the transaction, including the amount of the Rewards Certificates, between July 15, 2010 and April 28, 2016.

NOTE: Current cardholders will automatically receive Rewards Points and do not need to file a claim.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

08/11/2016

Case Name

Paige Ashley Waits v. TJX Companies Inc., Case No. 1516-cv14731, in the Circuit Court of Jackson County, Missouri

Final Hearing

09/26/2016

Settlement Website

www.WaitsSettlement.com

Claims Administrator

Waits Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-866-875-7574
info@WaitsSettlement.com

Class Counsel

Mitchell L. Burgess
BURGESS LAW FIRM

Ralph K. Phalen
RALPH K. PHALEN ATTORNEY AT LAW

Phyllis A. Norman
THE NORMAN LAW FIRM

Defense Counsel

Gregory Wu
SHOOK HARDY & BACON LLP