Q: Is it legal to add more charges that weren't included in a bill at the restaurant?
At a restaurant, we received a bill with a note saying "Gratuity not included." We thought nothing of it and paid the amount, along with a tip. However, we later realized that more money was taken out of the bill than listed as the total on the receipt we received (we have a picture of it), which was the gratuity being added afterwards. Is this legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, it is generally required that any charges added to a restaurant bill be clearly disclosed to customers before payment. If the bill explicitly stated that "Gratuity not included," then it should be up to the customer to decide whether to add a tip and how much to tip. Adding a gratuity to the bill after a customer has paid without clear prior notice or agreement is typically not in line with California's consumer protection laws.
If additional charges were added to your bill after payment without your consent or without proper disclosure, this could be considered a deceptive practice under California law. Customers should be able to rely on the accuracy and completeness of the bill presented to them at the time of payment. Any changes or additional charges applied after this point without clear prior agreement could be challenged.
Should you find yourself in such a situation, it's advisable to first address the issue directly with the restaurant management. If the matter is not resolved satisfactorily, you may consider seeking advice or assistance from consumer protection agencies or legal professionals to understand your rights and explore possible remedies. Keeping detailed records, such as receipts and any correspondence, will be helpful in addressing the dispute.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
