FDUTPA Claims: Florida Appeals Court Overrules Class Action Certification in Sales Tax Lawsuit against BJ's Wholesale Club

Jan 9, 2019


Welcome to Baytowne Reporting, your trusted source for legal news and updates. In this article, we dive deep into the recent ruling by the Florida Appeals Court that has significant implications for FDUTPA (Florida Deceptive and Unfair Trade Practices Act) claims. Specifically, this ruling overrules the class action certification in a sales tax lawsuit against BJ's Wholesale Club.

The Lawsuit

The class action lawsuit against BJ's Wholesale Club revolves around alleged violation of the FDUTPA in the collection and remittance of sales taxes. The plaintiffs argue that BJ's Wholesale Club engaged in deceptive and unfair trade practices by improperly charging sales tax and failing to remit the full amount to the state.

The Florida Appeals Court Ruling

In a recent development, the Florida Appeals Court reviewed the class action certification in the sales tax lawsuit against BJ's Wholesale Club and overruled it. This decision has significant implications for the lawsuit and potentially for future FDUTPA claims in Florida.

Key Factors Considered

The court analyzed various factors while reaching this decision. The plaintiffs had to demonstrate that common issues were predominant in the case, making it suitable for class action. However, the court found that the individual circumstances of each plaintiff significantly differed in terms of the amount of sales tax paid and the impact suffered, rendering class certification inappropriate.

Implications and Significance

The Florida Appeals Court's ruling has significant implications for FDUTPA claims in the state. It sets a precedent that may make it more challenging for future class actions involving sales tax disputes to gain certification. Plaintiffs will now need to provide compelling evidence demonstrating commonality among the class members.

Additionally, this ruling highlights the importance of individual circumstances in determining class action suitability. Courts are more likely to scrutinize the unique impacts on each plaintiff, emphasizing the need for detailed evidence supporting the commonality of claims.

The Path Forward

Following the Florida Appeals Court's decision to overrule the class action certification, the lawsuit against BJ's Wholesale Club will now proceed on an individual basis. Each affected consumer will have to pursue their claims independently, providing evidence specific to their circumstances.

Seek Legal Assistance

If you believe you have been affected by deceptive or unfair trade practices related to sales tax, it is crucial to seek legal assistance. An experienced attorney can guide you through the complex legal landscape and help evaluate the viability of your claims.

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Tara Mead
Interesting decision by the court! 💼
Nov 12, 2023