On June 27, 2013 a Pennsylvania man filed a proposed class action complaint in the Philadelphia Court of Common Pleas against wireless provider Cricket Communications, alleging that in May, June and July 2011, Cricket charged Pennsylvania customers an unlawfully high sales tax of 11%. The suit further alleges that when Cricket altered its policy in August 2011 to resume charging a lawful Pennsylvania sales tax of 6%, Cricket instructed its dealers in Pennsylvania not to notify customers of the prior sales tax overcharges, in order to avoid having to pay them refunds. The plaintiff is represented by the law firm of DeNittis Osefchen, P.C. , of Philadelphia and Marlton, New Jersey, a firm noted for class actions, including the recent class actions involving New Jersey red light cameras. The suit filed against Cricket seeks relief on behalf of all persons who were Pennsylvania Cricket customers in May, June and July 2011.
Referring to the suit, Plaintiffs’ Attorney Stephen DeNittis stated:
“People trust merchants to correctly calculate the amount of sales tax owed. Here, not only was Cricket charging more than the lawful amount of sales tax in Pennsylvania but, even after this problem was corrected, Cricket decided to try to keep the overcharges a secret so it would not have to give refunds. Every Pennsylvania Cricket customer who was overcharged deserves to know about it and should get a refund.”