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Class action: PetSmart charges illegal tax on prescription food

By Louie Torres | Jan 26, 2017

Law money 05

MIAMI (Legal Newsline) — A Florida consumer is suing a pet food company, alleging violation of state law.

Scott Leeds filed a class action lawsuit, individually and on behalf of all others similarly situated, Nov. 21 in the Circuit Court for the 11th Judicial Circuit Miami-Dade County against PetSmart, Inc. alleging the defendant wrongly charges consumers for prescription animal food.

According to the complaint, in 2016, Leeds sustained monetary damages from being charged a tax for one can of Hill prescription diet dog food. The plaintiff alleges PetSmart charges its customers tax for prescription animal food even though their receipts indicate this is a non-taxable amount.

The defendant removed the case to U.S. District Court for the Southern District of Florida on Dec. 30.

Leeds seeks trial by jury, enjoining the defendant, damages, court costs and any further relief the court grants. He is represented by attorneys Adam M. Moskowitz, Gail A. McQuilkin and Michael R. Lorigas of Kozyak Tropin & Throckmorton, LLP in Coral Gables, Florida.

Circuit Court in the 11th Judicial Circuit in and for Miami-Dade County Case number 1:16-cv-25380-FAM

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U.S. District Court for the Southern District of Florida11th Judicial Circuit of Florida