March 28, 2015
City of San Antonio, et al. versus Hotels.com, et al.
This ongoing case involves alleged underpayment of hotel occupancy tax by some fifteen online travel companies in the State of Texas. The plaintiffs (a proposed class of 175 Texas cities including Austin, Dallas, Houston and San Antonio) allege that–contrary to the relevant tax statutes and ordinances–online travel companies have been remitting hotel occupancy tax to the plaintiffs based on the wholesale room price rather than the higher retail room price. Econ One has been retained on behalf of the plaintiffs. Jeff Leitzinger has submitted two expert reports showing that damages can be calculated formulaically for the entire class. He has given deposition testimony as well as testimony at an evidentiary Class Certification hearing in San Antonio in May 2007.