For Immediate Release:

Online Merchants Guild (“OMG”) files state action challenging Pennsylvania’s illegal pursuit of Amazon merchants for back taxes

On May 28th OMG’s federal case was dismissed, not on its merits but on “Comity” grounds wherein the judge ruled that state court was the proper venue for it’s claims.

On June 2nd OMG responded by filing suit in the Commonwealth Court of Pennsylvania against Pennsylvania’s Department of Revenue (“DOR”), requesting a temporary restraining order barring the  DOR from enforcing tax registration requirement against Amazon sellers solely based on their use of Amazon’s “Fulfillment by Amazon” service, with the merchants being told that failure to register will lead to further “enforcement” actions by the Department.  

OMG will be represented by the following attorneys in this matter:
David Wilk of Lepley, Engelman, Yaw & Wilk (Williamsport, PA)
Aaron Block of the Block Firm, LLC (Atlanta, GA)
Paul Rafelson of Rafelson Schick, PLLC (Boca Raton, FL).

A full copy of the Complaint and request for a Temporary Restraining Order are available below.

Please direct all inquiries to

Pa. Commw. Ct. Complaint
Pa. Commw Ct TRO-PI Brief