Who is a Class Member
If you were among the 47,588 persons and business entities who received a short form notice and individual summary, then Dell’s records indicate that you or your business made one or more Dell Optional Maintenance Agreement purchases and are therefore included the Dell Optional Maintenance Agreement Sales Tax Settlement.
Specifically, the Dell Optional Maintenance Agreement Sales Tax Settlement Class consists of “all persons and business entities:
- who purchased from one or more of Respondents at least one Optional Maintenance Agreement
- whose “ship-to” address for such purchase was a location in the State of North Carolina
- who, from April 15, 1999 through December 31, 2008, paid any amount of money denominated as a “tax” calculated in whole or in part on the charge for the purchase of such Optional Maintenance Agreement
- who have not received a refund of such “tax” money in connection with a return of the Dell-branded hardware and who were not eligible to receive a refund of such “tax” money pursuant to North Carolina General Statutes 105-161.14, and
- whose purchase was governed by a contract containing a clause calling for arbitration administered by the CPR Institute for Dispute Resolution”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Each Class member who submits a valid and timely proof of claim, will be compensated in the amount of your tax payments on Optional Maintenance Agreements, plus interest, as described on your Individual Summary included on your Short Form Notice.
Proof of Purchase
- You must provide your Dell Customer Claim Number and Password located on your Short Form Notice and Individual Summary your received in the mail.
Dell Optional Maintenance Agreement Sales Tax Settlement Notes
- Zack B. Starritt, et al. v. Dell Inc., et al.
- Case No. 03 CVS 5099
- Pending before the CPR International Institute Conflict Prevention & Resolution (CPR Tribunal)
Plaintiff Zak Starritt originally filed this complaint in September 2003 in the Superior Court of Wake County, North Carolina alleging that he and other consumers purchased and paid tax on Optional Maintenance Agreements sold by Dell for the purpose of computer hardware repair and/or replacement.
According to the settlement website (www.NCTaxSettlement.com), Starritt says Dell violated several North Carolina state laws, specifically the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA) and state common law by charging sales tax on these Optional Maintenance Agreements, essentially collecting money for which they were not entitled too during the period from April 15, 1999 through December 31, 2008. Court documents also note that Dell filed tax refund claims with the DOR for the money remitted to North Carolina as sales tax on these Optional Maintenance Agreement purchases.
However, the Superior Court found Starritt’s claims were subject to binding arbitration and ordered Starritt to present his claims against Dell to the CPR Tribunal in Raleigh, North Carolina. In April 2007, the CPR Tribunal certified the Class in arbitration and later determined that the Dell Optional Maintenance Agreements were not subject to North Carolina sales or use tax. However, the CPR Tribunal has not determined if Dell’s business practices violated UDTPA or common law.
The Frequently Asked Questions section on the settlement website further summarizes the proposed Dell Optional Maintenance Agreement Sales Tax Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at www.NCTaxSettlement.com.
Class members who wish to exclude themselves or object to the terms of the Dell Optional Maintenance Agreement Sales Tax Settlement must do so by February 5, 2018. Class members who wish to submit a proof of claim for payment must do so by April 2, 2018.
- 4/2/18: Proof of Claim Deadline
- 2/5/18: Objection or Exclusion Deadline
- 3/6/18: Final Hearing at 9:30 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.NCTaxSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Dell North Carolina Tax Settlement, Settlement Administrator, c/o Epiq Class Actions & Claims Solutions, Inc., PO Box 4079, Portland, OR 97208-4079
- Email: info@NCTaxSettlement.com
- Frederic L. Ellis, Edward D. Rapacki, and Joseph M. Makalusky of Ellis & Rapacki LLP
- William W. Plyler of Miller Monroe & Plyler LLP and William W. Plyler PLLC.