PECK v. AT & T MOBILITY

No. 85581-1.

275 P.3d 304 (2012)

174 Wn.2d 333

Certification from the United States Court of Appeals for the Ninth Circuit in Jared PECK, Plaintiff, and James Bowden, a Washington resident, individually and on behalf of all the members of the class of persons similarly situated, Plaintiff-Appellant, v. AT & T MOBILITY, a Delaware limited liability company doing business as Cingular Wireless, aka Cingular Wireless, LLC; New Cingular Wireless Services, Inc., a Delaware corporation doing business as AT & T Wireless; New Cingular Wireless Services Purchasing Company LP, a Delaware limited partnership doing business as Cingular Wireless; New Cingular Wireless PCS LLC, a Delaware limited liability company doing business as Cingular Wireless, Defendants-Appellees.

Supreme Court of Washington, En Banc.

Decided April 26, 2012.


Attorney(s) appearing for the Case

David Elliot Breskin , Daniel Foster Johnson , Breskin Johnson & Townsend PLLC, Seattle, WA, for Plaintiff.

Scott A.W. Johnson , Shelley Marie Hall , Stokes Lawrence PS, Leonard J. Feldman , Maren Roxanne Norton , Stoel Rives LLP, Seattle, WA, for Defendants-Appellees.

Robert Lee Mahon III , Perkins Coie LLP, Seattle, WA, amicus counsel for Ctia-the Wireless Association.


C. JOHNSON, J.

¶ 1 This certified question from the Ninth Circuit Court of Appeals centers on whether under RCW 82.04.500, a seller may, upon disclosure, recoup its business and occupation (B & O) tax by collecting a surcharge to recover gross receipts taxes in addition to its monthly service fee. We hold that, regardless of disclosure, RCW 82.04.500 prevents a business from recouping the B & O tax as an added...

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