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Lawsuit against airlines over collection of Mexican tourism tax

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Lawsuit against airlines over collection of Mexican tourism tax - Page 2 Empty Re: Lawsuit against airlines over collection of Mexican tourism tax

Post by lunateak on Wed Feb 17, 2016 8:13 am

Xena, check out the last page of the lawsuit. It states "McMullen v Delta Airlines".

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Post by Lady Otter Latté on Wed Feb 17, 2016 9:12 am

Thank you.
Now, see how easy that was?
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Post by DaveP on Fri Feb 26, 2016 8:24 am

I wonder why action has been taken in US courts. Yes they are a US airline but this is a Mexican matter. Surely action in a Mexican court would have more effect. Potential loss of landing rights for failure to obey Mexican rules would get their attention and get Mexican Nationals on your side
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Post by Clueless on Fri Feb 26, 2016 2:33 pm

DaveP wrote:I wonder why action has been taken in US courts. Yes they are a US airline but this is a Mexican matter. Surely action in a Mexican court would have more effect. Potential loss of landing rights for failure to obey Mexican rules would get their attention and get Mexican Nationals on your side

Jurisdiction would be in the U.S.for several reasons, including in most instances, the money is paid to the US based carrier in the U.S.

Also, the Mx government has known about this situation and had declined (as in "ignored") to do anything about it.

If the U.S. suit doesn't fly (pun intended) it probably still couldn't be brought in Mx due to a standing issue; the plaintiff could only, IMO, claim for what he/she suffered as a loss. And while Mx does have class action suits, probably no attorney would take it on a contingency, plus, they cost a lot of $$ and take forever and a day. Remember the GIL case?

It will be interesting to see if the class even gets certified or it a motion to dismiss under the ADA will kill it.
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Post by Intercasa on Fri Feb 26, 2016 4:25 pm

I called attorneys and tried to fight it as I was traveling monthly between US and Mexico with FM3 and they never refunded money. I also had gone to Mexico City to work and was there 22 hours which also being under 24 hours should have been exempt. It is a shame that the airlines steal millions of money collected for taxes although now some do refund the money.

PROFECO and SAT could take it on but it is so random as far as the cases they take.
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