A Madison County man is seeking class-action status for his lawsuit over the taxing of fees imposed upon pizza delivery charges by Papa John's.
Zachary Tucker, individually and on behalf of all others similarly situated, filed the suit on Jan. 13 in Madison County Circuit Court against Papa John's International Inc. and Papa John's USA Inc.
Papa John's allows customers to pick up their pizza at one of its stores or have it delivered. The delivery includes a fee listed separately on the receipt. Tucker alleges Papa John is collecting taxes on this fee, which is against the law in Illinois since businesses are not allowed to tax delivery fees if the cost of delivery is equal to or exceeds the delivery fee.
As a result, the suit says, every customer who has ordered food for delivery from any Papa John's location in Illinois has paid excess sales tax that the defendants and their franchisees were not entitled to collect.
The plaintiff brings this suit because he says he was illegally charged 6.85 percent, or an additional 16 cents tax, for the non-taxable delivery service. He seeks class action for any person or entity in the state that ordered Papa John's food for delivery and was charged sales tax on said delivery fee.
The suit alleges negligence, negligent misrepresentation, breach of contract/breach of duty of good faith and fair dealing, violation of the Illinois Consumer Fraud Act and violation of the Uniform Deceptive Trade Practices Act.
In addition to a jury trial and the certification of a class action, among the plaintiff's relief sought are: an order preventing defendants from charging the sales tax on delivery fees, damages, restitution of all monies paid in connection with the wrongfully charged sales tax, attorney fees and court costs.
Tucker is represented by Francis J. Flynn Jr. and Tiffany M. Yiatras of Carey, Danis & Lowe of St. Louis; and Alan Wagner and Jason Whittemore of Wagner McLaughlin P.A. in Tampa, Florida.
Madison County Circuit Court case number 16-L-49