There's no denying the fact that everyone loves to have their food delivered to their home instead of having to go out to buy the food. Even if they will be paying some sort of delivery charge, this is something they can accept and are almost always willing to pay.
A man from Madison County, however, has recently filed a class-action lawsuit against pizza delivery company, Papa John's. The man, identified as Zachary Tucker, claims that Papa John's was overcharging through the form of an illegal delivery tax charge. To be exact, the illegal tax imposed on his bill was $0.16.
The law in Illinois clearly states that "charges for transportation and delivery must not exceed the costs of transportation or delivery. If those charges do exceed the cost of delivery or transportation, the excess amount is subject to tax." Since the delivery fee did not go over the cost of delivery, by law, the delivery could not be legally taxed. According to Tucker, the pizza company imposed taxes on a delivery fee amounting to 6.85% of his total bill. This failure of the company to comply with the Illinois law is what prompted Tucker to seek a class-action status. On Madison Record, the lawsuit claims that the pizza chain had practiced "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."
The lawsuit against Papa John's International Inc. and Papa John's USA Inc. was filed on Jan. 13. According to Fortune, the plaintiff was seeking a court order be imposed on Papa John to stop them from charging the sales tax on their delivery fees. They are also being requested to pay damages and restitutions for anyone who has paid the illegal charge, along with compensation for court costs and attorney fees. Neither party has been contacted for a comment.
