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Yabsley v. Cingular Wireless, LLC, No. B198827

By FindLaw Staff on August 20, 2009 12:14 PM

In an unfair competition action against a cellular phone company for failing to inform the consumer that a tax would be imposed on the full price of the cell phone, dismissal of the complaint is affirmed where California Code of Regulations, title 18, section 1585, which required that the sales tax be calculated based on the non-sale price of the phone and permitted the retailer to collect this amount from the customer, provided a "safe harbor" from such claims.

Read Yabsley v. Cingular Wireless, LLC, No. B198827

Appellate Information

Filed August 19, 2009

Judges

Opinion by Judge Perren

Counsel

For Appellant:

William D. Pettersen, Pettersen & Bark

James H. Smith, Grokenberger & Smith

For Respondent:

Ross H. Hyslop, McKenna Long & Aldridge, LLP

James A. Tabb, McKenna Long & Aldridge, LLP

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