Burlington class action lawsuit overview:
- Who: Plaintiff Karin Sandquist filed a class action lawsuit against Burlington Stores Inc.
- Why: Sandquist claims Burlington charged and collected Florida sales tax on purchases of tax-exempt baby and toddler products.
- Where: The Burlington class action lawsuit was filed in Florida federal court.
A new class action lawsuit claims Burlington Stores illegally charged and collected Florida sales tax on purchases of tax-exempt baby and toddler products.
Plaintiff Karin Sandquist argues Burlington charged a 7% surcharge payment presented as Florida sales tax to customers buying baby and toddler clothes, shoes and other apparel, despite the products being exempt from sales tax under Florida law.
Sandquist wants to represent a nationwide class of consumers who were charged sales tax on tax-exempt baby and toddler products at a Burlington location in Florida from July 1, 2023, to the present.
“Printing on the customer’s receipt a line item titled ‘Sales Tax 7.000%,’ adding a corresponding amount to the subtotal and collecting such amount is a deceptive and misleading practice leading customers to believe that a sales tax was owed on Baby and Toddler Products which were exempt from such taxes,” the Burlington class action lawsuit says.
Baby products exempt from sales tax since July 2022, Burlington lawsuit claims
Sandquist argues baby and toddler products have been exempt from Florida sales tax since July 2022, when the state legislature implemented a sales and use tax exemption for diapers and baby and toddler clothing, apparel and shoes.
The plaintiff claims the tax exemption was made permanent in 2023 and expanded to include a broader range of baby and toddler products.
Sandquist alleges Burlington is guilty of fraudulent misrepresentation, unjust enrichment, breach of contract, unconscionability, conversion, negligent misrepresentation and negligence, and also violated the Florida Deceptive and Unfair Trade Practices Act.
The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of actual, compensatory, statutory and punitive damages for herself and all class members.
In related news, Walmart is currently facing class action allegations it overcharged consumers for food, baby products, appliances and other products by charging consumers more than the price listed on Rollback stickers, price stickers and yellow stickers.
Have you ever been charged sales tax on tax-exempt products at a Burlington store? Let us know in the comments.
The plaintiff is represented by Jonathan B. Cohen of Bryson Harris Suciu & DeMay PLLC, David J. Tayar and Will Shuman of Tayar Shuman & Associates LLP and Jason P. Sultzer, Charles Schimmel and Scott E. Silberfein of Sultzer & Lipari PLLC.
The Burlington class action lawsuit is Sandquist, et al. v. Burlington Stores Inc., Case No. 1:26-cv-21436, in the U.S. District Court for the Southern District of Florida.
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