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THE NEW YORK TRUCK TAX REFUND WEBSITE
OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, et al.
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
UPDATE, OCTOBER 2018:
1. DEADLINE FOR VERIFICATION FORMS AND RETURN OF UNDELIVERED PASS-THROUGH REFUNDS EXTENDED TO DECEMBER 11, 2018
By Order of the Court, all class members who were required to pass through tax refunds to owner operators were also required to fill out a Verification Form and to return undistributed excess refund monies to Class Counsel. The Court has issued a Final Order extending the deadline for returning Verification Forms and undistributed excess funds to The Cullen Law Firm, 1101 30th ST. NW, Suite 300, Washington, D.C. 20007 by no later than December 11, 2018.
To view the Court's Order, click the link titled "October 12, 2018 Order Requiring Class Members to Return Verification Form and Excess Funds" on the left side of this page.
To view Verification Forms and Instructions, click the link titled " Verification Form and Instructions" under Forms on the left side of this page.
2. COURT ORDERS THAT CHECK REISSUANCE REQUESTS ARE NO LONGER PERMITTED
By Order of the Court, requests for reissuance of refund checks are no longer permitted.
To view the Court’s Order, click the link titled October 12, 2018 Order Regarding Check Reissuance Requests on the left side of this page.
3. COURT ORDERS PARTIAL DISTRIBUTION OF REMAINING SETTLEMENT FUNDS IN ACCORDANCE WITH COURT'S ORDER GRANTING FINAL APPROVAL TO THE SETTLEMENT
To view the Court’s Order, click the link titled October 12, 2018 Order Regarding Distribution of Remaining Settlement Fund on the left side of this page.
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).
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.
Members should address any questions or correspondence to:
First Class, Inc./ J13351- OOIDA NY
5410 W. Roosevelt Rd., Suite 222
Chicago, IL 60644-1490
OOIDA v. New York State Department of Taxation and Finance
CASE NO.: 5551-13