--- description: Other customers could get a pizza the action title: A Customer Is Suing Papa John's Over 16 Cents image: https://static.time.com/v3/assets/bltea6093859af6183b/blta97f017f83a7324a/69887a805f570f3483b1f552/papa-johns-sued-pizza.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  * [Business](/section/business/) ## Business Update your preferences in [Account Settings](/account/preferences/) Close * [Companies](/tag/companies/) ## Companies Update your preferences in [Account Settings](/account/preferences/) Close # A Customer Is Suing Papa John's Over 16 Cents by [Michal Addady / Fortune](/author/fortune/) ## Michal Addady / Fortune Update your preferences in [Account Settings](/account/preferences/) Close Jan 25, 2016 10:04 PM CUT  Umbrellas and outdoor seating stand outside a Papa John's International Inc. restaurant in Louisville, Kentucky, U.S., on Friday, May 1, 2015. Umbrellas and outdoor seating stand outside a Papa John's International Inc. restaurant in Louisville, Kentucky, U.S., on Friday, May 1, 2015.Luke Sharrett—Bloomberg/Getty Images by [Michal Addady / Fortune](/author/fortune/) ## Michal Addady / Fortune Update your preferences in [Account Settings](/account/preferences/) Close Jan 25, 2016 10:04 PM CUT Zachary Tucker of Madison County, Illinois has filed a lawsuit against Papa John’s alleging illegal taxation. The lawsuit was filed on Jan. 13 against Papa John’s International Inc. and Papa John’s USA Inc., [_Madison Record_](http://madisonrecord.com/stories/510659011-papa-john-s-illegally-taxes-pizza-delivery-fee-lawsuit-charges "undefined") reports. Tucker says that the pizza chain collected taxes on a delivery fee in the amount of 6.85%, which amounted to an extra 16 cents on his bill. According to [Illinois law](ftp://www.ilga.gov/JCAR/AdminCode/086/086001300D04150R.html "undefined"), “charges for transportation and delivery must not exceed the costs of transportation or delivery. If those charges do exceed the cost of delivery or transportation, the excess amount is subject to tax.” The lawsuit claims that the delivery fee did not exceed the cost of delivery, and therefore it could not legally be taxed. Tucker is seeking class action status, saying that anyone who has ordered delivery from an Illinois-based Papa John’s has been affected by the illegal charge. Madison Record writes that the lawsuit is claiming “negligence, negligent misrepresentation, breach of contract/breach of duty of good faith and fair dealing, violation of the Illinois Consumer Fraud Act, and violation of the Uniform Deceptive Trade Practices Act.” Tucker is requesting that the court order [Papa John’s](http://fortune.com/2015/11/16/papa-johns-franchisee-jail/?iid=sr-link2 "undefined") to stop charging the sales tax on delivery fees, pay damages and restitutions for all who paid the illegal charge, as well as compensation for attorney fees and court costs. Neither [Papa John’s](http://fortune.com/2016/01/12/papa-johns-artificial-flavors/?iid=sr-link1 "undefined") nor Tucker’s lawyers could immediately be reached for comment. _This_ [_article_](http://fortune.com/2016/01/25/customer-sues-papa-johns/ "undefined") _originally appeared on_ [_Fortune.com_](http://fortune.com "undefined") ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4193298/sue-papa-johns/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4193298/sue-papa-johns/"},"headline":"A Customer Is Suing Papa John's Over 16 Cents","datePublished":"2016-01-25T22:04:11.000Z","dateModified":"2026-02-22T14:25:57.025Z","description":"Other customers could get a pizza the action, too","url":"https://time.com/4193298/sue-papa-johns/","keywords":["Companies","Pizza","Courts","Domino's","delivery","Business"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blta97f017f83a7324a/69887a805f570f3483b1f552/papa-johns-sued-pizza.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Michal Addady / Fortune"}],"articleSection":"Business","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blta97f017f83a7324a/69887a805f570f3483b1f552/papa-johns-sued-pizza.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"A Papa John's International Inc. 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