Zachary Tucker of Madison County, Illinois has filed a lawsuit against Papa John's alleging illegal taxation.
The lawsuit was filed on Jan. 13 against Papa John's International Inc. (pzza) and Papa John's USA Inc., Madison Record reports. Tucker says that the pizza chain collected taxes on a delivery fee in the amount of 6.85%, which amounted to an extra 16 cents on his bill.
According to Illinois law, "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." The lawsuit claims that the delivery fee did not exceed the cost of delivery, and therefore it could not legally be taxed. Tucker is seeking class action status, saying that anyone who has ordered delivery from an Illinois-based Papa John's has been affected by the illegal charge.
Madison Record writes that the lawsuit is claiming "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." Tucker is requesting that the court order Papa John's to stop charging the sales tax on delivery fees, pay damages and restitutions for all who paid the illegal charge, as well as compensation for attorney fees and court costs.
Neither Papa John's nor Tucker's lawyers could immediately be reached for comment.