Dell Tax Class Action Settlement (Rhode Island Only)
F YOU RECEIVED IN THE MAIL A SHORT FORM NOTICE AND INDIVIDUAL SUMMARY ADDRESSED TO YOU, THEN DELL’S RECORDS REFLECT THAT YOU MADE ONE OR MORE OPTIONAL SERVICE CONTRACT PURCHASES THAT MAY ENTITLE YOU TO COMPENSATON UNDER THE SETTLEMENT AGREEMENT. If you did not receive the Short Form Notice by mail, you may still be a member of the Settlement Class if you are a Consumer 1, as defined herein:
- who purchased from one or more of Defendants at least one Optional Service Contract at any time from May 16, 1993 through December 31, 2011,
- whose “ship-to” address for such purchase was a location in the State of Rhode Island,
- who paid any amount of money denominated as a “tax” calculated in whole or in part on the charge for the purchase of such Optional Service Contract, and
- who did not receive from any of Defendants a refund of such “tax” in connection with a return of the computer hardware or otherwise.
The Optional Service Contracts at issue here provided for repair and/or replacement services, including parts and/or labor, covering computer hardware sold by DMLP or DCSLP, the purchase of which was not required for the purchase of the computer hardware the service contract covered. These Optional Service Contracts include contracts for which DMLP is the obligor, and contracts sold by DMLP or DCSLP as agent for BancTec or QualxServ. Among the Optional Service Contracts included in this Settlement are technical support service contracts, on-site repair service contracts, remote repair service contracts, and “CompleteCare” contracts.
If you did not receive the Short Form Notice by mail, and you still think you are a member of the Settlement Class, you may contact the Claims Assistance Email Inbox at info@RhodeIslandTaxSettlement.com to request one.
The settlement will refund you with taxes that were improperly charged
Proof of Purchase
Long, et al., v. Dell Inc.,Civil Action No.: PC 03-2636Rhode Island Superior Court
In the lawsuit, Long, et al. v. Dell Inc., et al., Civil Action No. PC 03-2636, (“the Lawsuit”), pending in the Superior Court of Providence County, Plaintiff Julianne Ricci (“Plaintiff”), for herself and all other consumers who purchased and paid tax on Optional Service Contracts sold by Dell, sued Defendants Dell Inc., Dell Marketing Limited Partnership (“DMLP”), Dell Catalog Sales Limited Partnership (“DCSLP”), BancTec, Inc. (“BancTec”), and QualxServ LLC (“QualxServ”), to recover the monies paid as tax on such Optional Service Contracts.
Plaintiff alleged that Defendants violated Rhode Island law by, among other things, charging and collecting money as Rhode Island sales or use tax on purchases of Optional Service Contracts, for which Plaintiff claimed no such tax was due. Defendants denied the allegations and claimed that they were adhering to Rhode Island tax law. In response to the Lawsuit, Defendants also filed tax refund claims with DOR for the monies remitted to the State of Rhode Island as sales or use tax on those service contract purchases.
“Optional Service Contract” is defined as any Optional Agreement (i.e., a service agreement, the purchase of which was not required in order to purchase the computer hardware covered by such service agreement) sold by one or more of Defendants providing for repair and/or replacement services, including parts and/or labor, covering computer hardware. “Optional Service Contract” shall include, without limitation, technical support service contracts, on-site repair service contracts, remote repair service contracts, and “CompleteCare” service contracts.
The Court has not decided in favor of the Defendants or of the Plaintiff. Instead, both sides agreed to the Settlement to avoid the distraction, costs, and risks of further litigation, and Plaintiff agreed to the Settlement in order to ensure that Class Members will receive compensation.