Cingular Improperly Charged Customers For Taxes: 9th Circ.

Law360, New York (October 25, 2012, 2:54 PM EDT) -- The Ninth Circuit on Wednesday said Cingular Wireless LLC, now AT&T Mobility LLC, was not allowed to pass on a Washington state tax to customers through a monthly bill surcharge and consumers may recover the cost, reversing a 2009 Washington district court class action dismissal.

The appeals court had certified to the Washington Supreme Court the question of whether state law allows a seller to recoup its business and occupation tax by collecting a surcharge from consumers in addition to the monthly service fee, and the...
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