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THE NEW YORK TRUCK TAX REFUND WEBSITE

 

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, et al. 

v.
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, et al.

 

Supreme Court, State of New York, Albany County, No.: 5551-13, RJI No.: 01-13-111950

 

IMPORTANT UPDATE:

 

On April 19, 2017, the Supreme Court of the State of New York granted final approval to the proposed settlement. Class Counsel mailed refund checks to class members on July 7, 2017.

If you have any questions after receiving your check, see the link titled What to Do When You Receive Your Check on the left side of this page. If you still have questions after visiting that link, please call 855-800-4235.

By order of the Court, checks must be deposited or cashed by October 5, 2017. Any checks presented after that date will be void and dishonored.

 

 

WHAT IS THE CASE ABOUT?

 

This class action was filed against the State of New York on October 8, 2013, challenging the constitutionality of the registration and decal fees set forth in Tax Law § 502(1)(a) and Tax Law § 502(6)(a). On January 22, 2016, the Court entered an Order granting Plaintiffs’ motion for summary judgment, finding that “the fees set forth in Tax Law § 502(1)(a), and Tax Law § 502(6)(a) are unconstitutional under the Commerce Clause of the U.S. Constitution and therefore are invalid and cannot be enforced,” and permanently enjoining Defendants from “implementing or enforcing the unconstitutional taxes against plaintiffs.”

The case is pending in Supreme Court, State of New York, Albany County. The case caption is: Owner-Operator Independent Drivers Association et al. v. New York State Department of Taxation and Finance et al., No. 5551-13, RJI No. 01-13-111950.

 

 

WHO ARE THE MEMBERS OF THE CLASS?

 

All interstate motor carriers as defined in New York Tax Law §502(5): (A) who reside outside the State of New York; and (B) who have paid the $15.00 registration fee and the $4.00 decal fee imposed by Tax Law §§ 502(1)(a) and 502(6)(a) (“Taxes”).  

 

 

WHAT ARE THE TERMS OF THE SETTLEMENT?

 

On September 21, 2016, the State of New York agreed to refund class members $44,429,596.00, including approximately 6% interest (“Settlement”), for registration and decal fees collected in Series 20, 21, and 22, under the four-year statute of limitations, between June 1, 2009 and March 8, 2016. The Settlement specifies that after approval by the Court, refunds are to be allocated to class members after deduction of attorneys’ fees in the amount of 25% of the Settlement ($11,107,399.00), plus expenses ($500,000.00), and incentive awards ($1,500) to each of the four (4) representative plaintiffs. Any undeliverable or unclaimed settlement funds shall be used to pay, in the following priority: (1) previously unreimbursed expenses; (2) attorneys’ fees expended after the Court’s final approval of the Settlement; (3) a cy pres distribution to the OOIDA Foundation, Inc., a not-for-profit charitable organization subject to the provisions set forth in IRS Section 501(c)(3).

 

 

HOW WILL REFUNDS BE CALCULATED?

 

Individual refunds will be calculated for each truck registered in New York based upon the Series when each tax payment was assessed. Series 20 refunds will be approximately $12.11 per truck. Series 21 refunds will be approximately $13.15 per truck. Series 22 refunds will be approximately $11.55 per truck. Class members who paid taxes in more than one series, or for more than one truck, should receive a single refund for all taxes paid. Refunds are based on data provided by the State of New York.

 

 

WHAT DO CLASS MEMBERS NEED TO DO TO GET A REFUND?

 

Class members do not need to take any actions in order to receive a refund. The Settlement Agreement has been given final approval by the Court and Class members will receive a refund check as directed by the Court. 

 

 

ARE CLASS MEMBERS REQUIRED TO REIMBURSE OWNER-OPERATORS?

 

Class members are entitled to keep refunds for taxes paid exclusively by them, and on their own behalf. By Order of the Court, however, class members who charged back any registration or decal payments to owner-operators or to any other entities are required to pass through or reimburse the full amount of the tax refunds they receive for such tax payments to those owner-operators or entities, without regard to any claims or setoffs. Any unclaimed or undelivered reimbursements to such owner-operators or entities shall be returned to The Cullen Law Firm, PLLC, 1101 30th Street NW, Suite 300, Washington, DC 20007, no later than six (6) months after the date the refund payment was sent to the class member, along with Verification that the carrier has complied with the foregoing reimbursement requirements. Class members must complete the Verification form available at www.nytrucktaxrefunds.com and return it to The Cullen Law Firm, PLLC, 1101 30th Street NW, Suite 300, Washington, DC 20007 (see link on left side of page). All disputes regarding the reimbursement of owner-operators shall be referred to a Mediator designated by the Court. Any disputes must be received in writing by The Cullen Law Firm, PLLC, 1101 30th Street NW, Suite 300, Washington, DC 20007 within six (6) months after the date the refund payment was sent to the class member.

 

 

 

Class Members should address any questions or correspondence to:

First Class, Inc./ J13351- OOIDA NY
5410 W. Roosevelt Rd., Suite 222
Chicago, IL 60644-1490


855-800-4235

 

INFORMATION

FORMS

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DOCUMENTS

OOIDA v. New York State Department of Taxation and Finance

CASE NO.: 5551-13