Customer alleges Wal-Mart failed to honor its written return policy

By Noddy A. Fernandez | Dec 26, 2017

ST. LOUIS (Legal Newsline) – A Walmart customer alleges he was not refunded sales tax when he returned purchased items in violation of the company's policy.

ST. LOUIS (Legal Newsline) – A Walmart customer alleges he was not refunded sales tax when he returned purchased items in violation of the company's policy.

Scott Pearlstone, individually and on behalf of similarly situated individuals, filed a complaint on Dec. 11 in the U.S. District Court for the Eastern District of Missouri, Eastern Division against Wal-Mart Stores Inc. for allege violation of the Missouri Merchandising Practices Act.

According to the complaint, the plaintiff alleges that on Sept. 29, 2017, and Oct. 2, 2017, he purchased green beans, vitamins and salsa from one of defendant's stores located Manchester, Missouri and paid sales taxes on all of the items. Less than 90 days later, the plaintiff alleges he attempted to return the items to defendant and complied with all of terms of defendant's written return policy, but was just refunded the retail purchase price of each item and not all of the sales taxes attributable to each returned item. 

The plaintiff holds Wal-Mart Stores Inc. responsible because the defendant allegedly failed to honor its written return policy and failed to refund the sales taxes charged on returned items.

The plaintiff requests a trial by jury and seeks award of actual or compensatory and punitive damages, injunctive relief, attorneys' fees, cost, and such further and other relief the court deems reasonable and just. He is represented by Lanny Darr of Darr Firm in Alton, Illinois and Myles McGuire, Paul T. Geske and Jad Sheikali of McGuire Law, PC in Chicago.

U.S. District Court for the Eastern District of Missouri, Eastern Division Case number 4:17-cv-02856-DDN

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Darr Firm U.S. District Court for the Eastern District of Missouri Eastern Division

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