28Sep
2020
2020
B&I Partners Address Arbitration in Consumer Tax Cases in Tax Notes State Cover Article
On September 17, 2020, Tax Notes State featured a cover article by partners David Bertoni, David Swetnam-Burland, and Nathaniel Bessey, “A Shield, Not a Sword: Arbitration in Consumer Tax Cases” (subscription required). In their article, the authors discuss the emerging consensus on how to present a binding arbitration provision to consumers on business websites; how an arbitration clause can limit exposure to private class action lawsuits alleging over-collection of tax; and, how such a clause may not provide the same protection against private actions under state false claims statutes for under-collection of tax. Tax Notes State also discusses the article at the 23-minute mark of their September 17, 2020, podcast.
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