Voluntarily paying retail tax no shield against fraud

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 2, 2018 11:37 AM

Destin McIntosh sued Walgreens Boots Alliance for allegedly duping customers into paying the Chicago Bottled Water Tax on beverages (Perrier, LaCroix and Smeraldina) that are exempt from this levy — but a Cook County judge dismissed his class-action complaint based on the voluntary payment doctrine.On appeal, McIntosh argued this doctrine does not apply to either type of misconduct outlawed by the Illinois Consumer Fraud and Deceptive Business Practices Act.McIntosh’s alleged Walgreens’ conduct was both …

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