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An appeals court on Tuesday reinstated a potential class action lawsuit against Jackson Hewitt, ruling that the tax preparation company falls into the same category as credit repair businesses. Sherita Fugate had Jackson Hewitt Tax Service prepare her 2006 tax return and obtained a refund anticipation loan through the company. Fugate sued the company in 2009, arguing that Jackson Hewitt had been operating as a "credit services organization" when it facilitated the loan, but that the company hadn't complied with the Missouri laws that regulate such organizations.
Sales tax Collection of nonexistent tax by vendor Customers remedy is suit against vendor, not refund from supposed taxing authority Fraud pleaded with sufficient particularity Class-action allegations insufficient under R.C. 1345.09(B).
The manufacturers and retailers of toys containing lead paint are not shielded from a class action seeking a refund, even though they were subject to a federal recall and had offered replacement products, a U.S. District Court in California has ruled. The plaintiffs alleged that the defendants' toys were produced with unsafe levels of lead paint and included small, swallowable magnets that posed a hazard to children. The toys were subject to recalls ordered by the Consumer Product Safety Commission, and the manufacturers had provided replacement toys.
DES MOINES - A Polk County judge on Wednesday ordered a refund in a class-action lawsuit against Des Moines over its franchise fee for gas and electric utilities, saying the city overcharged and collected what amounts to an "illegal tax. The ruling by Judge Joel Novak could mean a refund of $50 million, including actual damages, interest and costs, said Brad Schroeder, an attorney for Lisa Kragnes.
Drivers from New Jersey, New York and other states who use E- ZPass to pay at four toll plazas in the Boston area are being unfairly charged a higher rate than those who use Massachusetts' FAST LANE collection transponders, a violation of the U.S. Constitution's commerce clause, a new class-action suit alleges. At stake could be a refund of possibly millions of dollars in higher tolls charged E-ZPass customers since 2002, said Matthew Pawa, the plaintiff's attorney in the case. The suit, filed Thursday in U.S. District Court in White Plains, N.Y., seeks a refund from the Massachusetts Turnpike Authority for the overcharges for anyone who used E-ZPass at the four toll plazas in question.
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