Consumers are being fooled into buying tickets from online scalpers posing as the official event venue, often leading them to pay inflated prices for subpar seats.“These are slippery actors,” said Steve DelBianco, executive director of the consumer advocacy group NetChoice. “They will close a website down and open up a new website with new domain names to fool new customers.”
DelBianco said state and federal authorities have the ability to go after unfair and deceptive trade practices.
The U.S. Supreme Court agreed last week to take up a case that would overturn a 1992 decision exempting retailers with no physical presence in a state from collecting state sales tax.
E-commerce advocates such as NetChoice argue that a change in the law would stifle innovation, putting undue burdens on businesses that don’t have a store, office or warehouse in states where purchases are made.
There’s been little movement in the Indiana case since a complaint was filed in June 2017 by Washington-based NetChoice and the American Catalog Mailers Association (ACMA), asking an Indiana trial court to strike down House Enrolled Act 1129. The statute requires out-of-state retailers to collect and remit Indiana sales tax if those sellers have 200 or more transactions in the state or sell $100,000 or more in-state.
Steve DelBianco, executive director of NetChoice, previously told Bloomberg Tax in September 2017 that he was “confident that the court would grant an injunction barring enforcement of the Indiana law, just as a South Dakota court did in March by invalidating a nearly identical law there.”
“It’s a delicious irony how Massachusetts argues that a Virginia court lacks jurisdiction over the Massachusetts DOR, while at the same time claiming their DOR has tax jurisdiction over Virginia retailers who lack any physical presence in Massachusetts,” DelBianco said.