Class Action Says Tommy Bahama Overcharged Missouri Buyers for Sales Tax

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit claims Tommy Bahama has overcharged Missouri consumers for sales tax on purchases delivered from out of state.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 10-page lawsuit against the lifestyle retail brand says that the state’s use tax is 4.225 percent for products purchased online or through a catalog or telephone and shipped to Missouri addresses from out-of-state sources. However, the suit alleges that Tommy Bahama Group, Inc. and Tommy Bahama R&R Holdings, Inc. have wrongfully charged Missouri consumers taxes for these remote purchases at a rate almost double the proper 4.225 percent.

According to the case, the plaintiff ordered two shirts from TommyBahama.com in late December 2022 to be delivered to his Missouri address from a facility in California. Though state law mandates that the use tax rate for this purchase should have been 4.225 percent, the defendants purportedly charged the plaintiff a rate of 8.238 percent, the filing claims.

The companies have “erroneously” overcharged Missouri consumers like the plaintiff in violation of the state’s Merchandising Practices Act, and received the benefit of funds “which in equity and good conscience ought to be returned,” the complaint argues.

The lawsuit looks to represent anyone who purchased a Tommy Bahama product for personal use through a remote sales channel, including TommyBahama.com, that was delivered from an out-of-state facility to a Missouri address.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.