A western Pennsylvania woman won $100 plus court costs after she sued K-mart for twice collecting sales tax on toilet paper.
Murrysville resident Mary Bach said K-mart offered to settle the case out of court before the hearing at which a judge eventually sided with her. But the settlement required her to sign a confidentiality agreement, which would have defeated the purpose of her suit, Bach said.
"I want consumers as they shop during the important holiday to be aware of what is and what isn't taxable," Bach said after the verdict. "I would lose my ability to spread that message if I were gagged."
Bach sued in October after a Kmart store in Monroeville twice collected a 7 percent tax (28 cents) when she bought a 12-roll package of toilet paper for $3.99. Although most paper goods are taxable in Pennsylvania, toilet tissue is listed as a nontaxable item by the state Department of Revenue.
Kmart, a unit of Sears Holdings Corp., will not appeal the verdict. "We don't want to fight with our customers," Kmart spokeswoman Kim Freely said. (note from the Daily Dude: Then why the fuck are you forcing them to take you to court?)
"We apologize for the inconvenience and the problem is being corrected," the Kmart rep said.
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