Important Web Event for Catalog Mailers – Life After Quill

07/03/2018

ACMA’s Attorneys To Explain Ramifications of Supreme Court Ruling in S.D. v. Wayfair 

No doubt, there’s been plenty of confusion since the Supreme Court’s June 21st decision in South Dakota v. Wayfair overruled the Quill physical presence standard of sales tax collection requirements​. Although there’s still not complete clarity on what to do next, ACMA’s attorneys from Brann & Isaacson, who defended Wayfair in the Supreme Court case, will lead an industry conference call on Tuesday, July 10th at 1:00 pm E.T.

There is no charge to dial in and the call is open to both ACMA members and non-members. Our attorneys will attempt to answer the following questions:

  • When will the SCOTUS ruling take effect? When is the decision final?
  • What will happen next?
    • What are the states doing?
    • What is the industry doing (ACMA/NetChoice, Brann & Isaacson)
    • What is Congress doing?
    • What can you do to support a workable outcome?
  • When should catalogers & remote retailers start collecting sales taxes from customers?
  • Should catalogers change their order forms in their next catalogs? Click here to register. This is an off-the-record event and no press will be allowed.

Registration Required

Click here to register. This is an off-the-record event and no press will be allowed.

The Lineup

Come armed with your questions for Brann & Isaacson’s partners George Isaacson and Martin Eisenstein. They will be joined by ACMA President & Executive Director Hamilton Davison and NetChoice Executive Director Steve DelBianco, who will explain what becomes of the lawsuits the tandem of associations has taken over the past year against several states, and what is needed to ensure that the SCOTUS ruling doesn’t turn remote commerce into complete chaos.

A note from ACMA Leadership

ACMA continues to work diligently following the June 21st Supreme Court ruling in South Dakota v. Wayfair, Inc., which overturned the Quill physical presence standard of sales tax collection requirements.

 

Among other actions, we are putting together the following:

  • an urgent national legislative strategy, recognizing it will be Congress that ultimately resolves this matter;
  • an aggressive public relations strategy, taking advantage of the issue’s visibility in the news cycle to correct widespread myths and half-truths being spread about the so-called “ease” of collection;
  • a review of the current status and strategy of all our lawsuits underway to determine relevance or value in light of the SCOTUS decision; and
  • the options for considering “test case” litigation to back up overly aggressive state actions given the many unresolved issues surfaced by this change and to hopefully set some bumper rails as new requirements and laws come onto the books.Our AskWe are also hearing of a number of threatening letters sent to members by states demanding collection of sales taxes from their customers. While you can and should share these with your tax attorney, it would be most helpful for you to also share these with the ACMA (in confidence, of course).

You can feel free to redact your company name and address if you wish prior to sending us anything. We will handle such items sensitively in any case.How To Handle This
Keeping us apprised of developments in this rather frenetic period will be of great value. Please email details to action@catalogmailers.org or feel free to reach out via phone on 1-800-509-9514 to speak with us live. Again, anything you submit will be treated as confidential.Sincerely,

The fight is far from over. Rather, it has intensified with a new sense of resolve. There is a misperception that it is “game, set and match” concerning remote sales taxes, when in fact nothing has changed until the remanded Wayfair case is finalized in the South Dakota Supreme Court. This is not stopping some jurisdictions from jumping into the deep end of the pool given this apparent opening. It may well be that their bad behavior is exactly the motivation that forces congressional resolution of this longstanding dispute. Help us make sure we are armed with the facts. Thank you.

We will be most effective if we maintain a real-time list of the states and the types of demands they’re making so we can show members of Congress why they must pass a bill now to spare our industry from significant harm. To help spur members of Congress to action, we must show them examples of what states are doing that is unreasonable, overly complex or simply not conducive to good governance.

To do the best job for you, we need to stay well informed about what you are experiencing from states or specific jurisdictions, what challenges or problems you have already identified or encountered as you consider how to respond to this development, and what you are hearing from your customers, attorneys, accountants, investors, etc.

An op-ed we contributed to The Hill last week outlines the many questions raised by the court’s decision and the uncertainty we are now dealing with. Many of the specifics it contains were items our members have shared with us. Things are moving quickly. Our ability to properly communicate on this subject depends on what we’re hearing about the current situation on the ground – the realities you are facing each day.

Hamilton Davison

President & Executive Director

American Catalog Mailers Association

hdavison@catalogmailers.org