McGonagle v. Home Depot U.S.A, Inc.

Henry, Bruce R., J.

The plaintiffs, a class of consumers who purchased items at the defendant, The Home Depot U.S.A., Inc.’s (“Home Depot”) Massachusetts stores using coupons between May 2000 and May 2005, allege that Home Depot charged them sales tax on the pre-discounted purchase price in violation of 830 Code Mass. Regs. §64H.1.4, an act or practice that they claim violates G.L.c. 93A. The plaintiffs argue that this court’s (Lauriat, J.) November 26, 2002, decision granting summary judgment in their favor (“2002 Opinion”) [15 Mass. L. Rptr. 487] establishes Home Depot’s liability under…