ST. LOUIS (Legal Newsline) — A Tommy Bahama customer is alleging the company is over-taxing Missouri residents for online purchases shipped to the state.
Craig Sherman, individually and on behalf of all others similarly situated filed a complaint March 9 in the U.S. District Court for the Eastern District of Missouri against Tommy Bahama Group Inc., and Tommy Bahama R&R Holdings Inc., alleging violation of the Missouri Merchandising Practices Act and other claims.
Sherman alleges in his class action that he purchased shirts from Tommy Bahama's website on Dec. 25, 2022, that were shipped to his residence in Missouri from Pacoima, California. He claims Tommy Bahama required him to pay an 8.238% tax rate on his purchases sent for delivery to a Ballwin, Missouri, facility when the applicable sales tax for Missouri was 4.225% at that time.
Sherman claims the defendants overcharged tax money on purchases shipped to Missouri customers who order through Tommy Bahama's website. He alleges that the defendants were unjustly enriched by charging and collecting the higher tax rate in violation of the state law.
Sherman and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Yitezchak Kopel of Bursor & Fisher PA in New York City and Stephan Beck and Jonathan Wolloch of Bursor & Fisher in Miami.
U.S. District Court for the Eastern District of Missouri case number 4:23-CV-00290