Plaintiff voluntarily dismisses U.S. flag sales tax lawsuit

Update:

• A Florida woman voluntarily dismissed her proposed class action claiming Walmart and Target unlawfully charged sales tax on the sale of U.S. flags in the state. 
• The consumer dismissed her claims the same day a Florida federal judge required her to submit an amended complaint. 
• The woman claimed Walmart and Target violated a Florida law preventing a retailer from charging sales tax on U.S flag sales.
• U.S. District Judge Aileen M. Cannon dismissed the woman’s initial complaint Oct. 17, determining the proposed class action lawsuit was a “shotgun pleading.” 
• Neither Walmart nor Target responded to the claims, which are dismissed without prejudice.

Target, Walmart U.S. flags class action lawsuit overview: 

• Who: Pamela Knopman filed a class action lawsuit against Target Corp., Wal-Mart Stores East LP and Walmart Inc. 
• Why: Knopman argues Target and Walmart violate Florida law by charging sales tax on the sale of American flags at their locations in the state. 
• Where: The class action lawsuit was filed in Florida federal court. 

(Oct. 23, 2023)

Walmart and Target violated Florida law by charging customers in the Sunshine State sales tax on the purchase of American flags, a new class action lawsuit alleges. 

Plaintiff Pamela Knopman claims Walmart and Target are violating a state law that she argues prohibits retailers from collecting sales tax on the sale of the American flag. 

Knopman argues it is also against Florida law to collect tax on the sale of an American flag kit, which includes accessories such as a mounting bracket, a standard, a halyard and instructions on the display. 

“Defendants, as licensed retailers, knew or should have known that the sale in Florida, of the United States flag, is nontaxable and exempt from sales tax,” the American flag class action states. 

Knopman wants to represent a nationwide class of consumers who made an online purchase of an American flag from a Target or Walmart located in Florida and who were charged an amount or fee represented as sales tax within the last four years. 

Walmart, Target have collected millions in ‘illegal’ sales taxes, class action claims

Knopman argues Target and Walmart have collected millions of dollars in illegal sales tax fees from the sale of American flags purchased from stores in Florida. 

She claims Target and Walmart are guilty of negligence and unjust enrichment and of violating the Florida Deceptive and Unfair Trade Practices Act. 

The plaintiff is demanding a jury trial and requesting injunctive relief along with an award of actual, compensatory and statutory damages for herself and all class members. 

A separate class action lawsuit was filed against Target earlier this month by a consumer arguing the company falsely labels its Market Pantry brand canned fruit cocktails as containing 100% fruit juice. 

Have you made an online purchase of an American flag from a Walmart or Target in Florida? Let us know in the comments.

The plaintiffs are represented by Jason Turchin of the Law Offices of Jason Turchin and Steven Bennett Blau of Blau Law Group PC. 

The Target and Walmart U.S. flags class action lawsuit is Knopman, et al. v. Target Corp., et al., Case No. 9:23-cv-81389, in the U.S. District Court for the Southern District of Florida.

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