"So I purchased the mask, and then you’re gonna tax me? No, I don’t think that's fair at all."By Andy Sheehan

PITTSBURGH (KDKA) – A Pittsburgh attorney has filed a class action lawsuit against Marshalls and other retailers for charging sales tax on the purchase of face masks.

Attorney Josh Ward and his client James Padula said as both an article of clothing and a medical supply, face masks are exempted from sale tax under state law. They are seeking compensation for a class of defendants who they say were improperly assessed sales tax during this pandemic.

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“So I purchased the mask, and then you’re gonna tax me? No, I don’t think that’s fair at all,” said James Padula from New Castle.

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“Very clear it shouldn’t have been taxed, so consumers, a great many of them, need to be reimbursed. Do I think this was done intentionally? Probably not. It looks to be an oversight in my opinion, however that’s not an excuse,” said attorney Josh Ward.

KDKA reached out to Marshall’s and its parent company for comment but have not yet heard back.

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