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Hard Rock Hotel & Casino Las Vegas alleged to have improperly applied tax on resort fee

By Noddy A. Fernandez | Mar 7, 2018

LAS VEGAS (Legal Newsline) – Guests of a Las Vegas hotel allege a tax was improperly charged as part of a fee for their rooms.

Jeffrey Mason and Eric Serrano, on behalf of themselves and all others similarly situated, filed a complaint on Feb. 28 in the U.S. District Court for the District of Nevada against HRHH Hotel/Casino LLC, doing business as Hard Rock Hotel & Casino, for alleged violation of the Internet Tax Freedom Act.

According to the complaint, the defendant charges overnight guests a mandatory, per-night resort fee that includes wired and wireless Internet access, newspaper and local calls. The plaintiffs allege the defendant applied the Clark County Combined Transient Lodging Tax to the entire amount of the resort fee.

The plaintiffs hold HRHH Hotel/Casino LLC responsible because the defendant allegedly made an improper and illegal application of the Clark County Combined Transient Lodging Tax on the portion of the fee that constitutes charges for Internet access. The plaintiffs allege the Internet Tax Freedom Act imposed a national moratorium on the taxation of Internet access.

The plaintiffs request a trial by jury and seek disgorgement of all amounts improperly collected or received, award of pre- and post-judgment interest, attorney fees, costs and any further remedy the court may deem just and proper.

They are represented by Don Springmeyer and Bradley Schrager of Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP in Las Vegas and Mark R. Suter of Berger & Montague PC in Philadelphia.

U.S. District Court for the District of Nevada case number 2:18-cv-00366-RFB-CWH

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Berger & Montague PC U.S. District Court for the District of Nevada

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