Topic
Delivery Fees
7 published works
Cooking with SALT
Another Class Action Attempt Related to the Collection of Florida Sales Taxes: How to Protect Your Business
Customer Stephanie Martin’s suit alleges Uber charged taxes on optional delivery charges to her and other Florida customers, and that the practice is netting the company “thousands of dollars in…
Ad Law Access
Tipping Point for State Attorneys General?
By Paul Singer, Beth Chun, Abigail Stempson
Earlier this month, we reported that the AGs (including the DC Attorney General’s Office) are paying close attention to delivery and service fees. Sure enough, the DC AG’s office filed…
Ad Law Access
Food Industry Regulatory and Litigation Highlights – March 2021
By Kristi L. Wolff, Jaclyn M. Metzinger
Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021. The food court saw its own brand of March Madness with disputes over…
Minding Your Business
Ordering Out During the Pandemic: Surcharges and Delivery Fee Caps Might Be Here to Stay
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia, Christopher E. Ondeck
Reports of restaurants adding a “COVID surcharge” have become widespread during the pandemic. In recent months, cities and states across the nation have implemented a number of measures designed to…
Ogletree Deakins Insights
Second Circuit Holds “Delivery Fee” Is Not a Gratuity for Delivery Drivers
By By Erik D. Mass, David B. Feldman
In a 5-page summary order issued on March 5, 2020, the U.S. Court of Appeals for the Second Circuit held in Belizaire v. Ahold U.S.A., Inc., No. 19-457-cv, that the…
SDNY Blog
Judge Forrest: RICO Rule of Person-Enterprise “Distinctness” Defeats Claims Involving Only FedEx Affiliate Companies
Judge Forrest yesterday granted the defendants' summary judgment motion in a case accusing FedEx of violating RICO by overcharging for packages based on weight and Canadian customs fees. She found that the…
Inside SALT
Retailers Caught in the Middle: To Tax or Not to Tax Delivery Fees
By Mary Kay McCalla Martire, Lauren A. Ferrante
Over the past decade we have seen a large increase in the number of third party tax enforcement claims against retailers involving transaction taxes (see Multistate Tax Commission Memorandum regarding…