A Pittsburgh-area woman suing Kmart won her court battle against one of the company's high-powered lawyers.

Consumer advocate Mary Bach defeated a lawyer from the Eckert Seamans firm. He was sent to defend the retail giant over a $100 suit.

"This was never about money," said Bach. "This was about the issue, and I want to educate consumers to just be careful. You cannot trust what is happening in the marketplace these days."

At Kmart and most other retailers, the register automatically calculates sales tax. But the problem is, the Kmart in Monroeville charged Bach sales tax on Angel Soft toilet paper twice. But toilet paper is a non-taxable item and Bach said she complained, but nothing happened.

Kmart's lawyer wouldn’t say whether the retailer stopped the practice.

A company spokesman later told Call 4 Action the store carries hundreds of packages of toilet paper and errors occasionally occur, adding, "As soon as this issue was brought to our attention, we immediately began taking steps to correct the problem."

Bach said Kmart also offered her $350 to settle and keep quiet, but she refused.

"And when I find a problem, I certainly try to call it to their attention and get it resolved," she said. "If they don't resolve it, then the onus is on them, because they could be facing me in court."

Kmart said any money made from incorrect sales tax charges goes to the state, not them.

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