A man of Illinois filed a lawsuit against Papa John’s after being charged 16 cents in tax on the cost of the delivery, according to court documents.
Zachary Tucker filed the lawsuit in the Madison County Circuit Court, against Papa John’s International Inc. and Papa John's US Inc.
According to the allegations in the lawsuit, Papa John’s allows customers to pick up their food in one of their stores or have it delivered.
The delivery includes a fee, and Tucker claims that Papa John’s charged tax on the delivery cost. It is against the law for a company to tax delivery costs if the cost of the delivery is equal or greater than the actual delivery cost.
As a result, every customer who has ordered food for delivery has paid sales tax that they did not have to.
Tucker filed the lawsuit because he was illegally charged 6.85 percent, or an additional tax of 16 cents for the non-taxable delivery service.
The lawsuit alleges negligence, negligent misrepresentation, breach of contract, breach of contractual duty of good faith, violation of the Illinois Consumer Fraud and violation of the Uniform Deceptive Trade Practices Act.
Ticker is seeking compensation for damages, restitution, attorney fees and court costs.