Peloton Customers Residing in New York, Massuchusetts and Virginia Who Paid Tax On a Peloton Membership File Class Action Lawsuit Complaint Against Peloton.
On August 12, 2021, a class action lawsuit complaint was reportedly filed against Peloton Interactive, Inc. in the United States District Court for the Southern District of New York (styled Brannon Skillern and Ryan Corken v. Peloton Interactive, Inc., Class Action Case No. 1:21-cv-06808) alleging, among other things, that Peloton (an exercise equipment and media company that allows its customers to replicate the boutique studio-fitness experience at home by streaming live and on-demand exercise classes) unlawfully charged a “sales tax” to Massachusetts, New York, and Virginia customers on their Peloton membership subscriptions, despite the tax-exempt status of such digital goods under state law.
Who Is Included In The Proposed Peloton Sales Tax Class Action Lawsuit?
The Peloton Sales Tax lawsuit is reportedly brought on behalf of the following putative class members:
All persons or entities residing in Massachusetts, New York, and/or Virginia who paid tax on a Peloton Membership through December 31, 2020.
According to the Peloton sales tax lawsuit complaint, the case is also reportedly brought on behalf of a Virginia subclass and a New York subclass.
What Claims Are Alleged In The Peloton Sales Tax Class Action Lawsuit?
The Peloton Sales Tax class action lawsuit complaint reportedly brings three claims for relief, including a claim for alleged breach of contract, a claim for alleged violation of Virginia Consumer Protection Act (“VCPA”), Va. Code Ann. § 59.1-196 et seq. and a claim for alleged violation of New York General Business Law § 349.
What Remedy Is The Proposed Class Seeking In The Peloton Sales Tax Class Action Lawsuit?
The plaintiff and the proposed class members in the Peloton Sales Tax class action lawsuit reportedly have asked the Court to, among other things, (A) enter an order appointing plaintiffs as class representatives, appointing plaintiffs’ counsel as class counsel, and directing that reasonable notice of the class action lawsuit be provided to the classes; (B) enter judgment against Peloton; (C) award money damages; (D) award treble damages; (E) award punitive damages; (F) award interest; and (g) award attorneys fees and costs.