I went to a dive bar, and used my debit card to pay the bill. I signed the receipt for food and drinks, but I didn't tip with the card - I left a cash tip before I left. The next day I checked my balance. The amount debited for the bar was about five dollars more than I signed for. I assume the waitress punched in her gratuity without me knowing. Is this legal?
2007-06-13 12:05:31 · 27 answers · asked by DJ 2 in Dining Out ➔ Other - Dining Out
I would take your copy of the receipt. It should have the total that you authorized, if you left both the tip and total blank, then "shame on you", you may not be able to prove anything without a handwriting expert.
2007-06-13 12:38:41 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Actually, if you used a credit or debit card, the credit card companies don't differentiate between the two. Also, when a card is run, the credit card company automatically adds gratuity, until the batch closes and it takes 3 to 4 business days for the tip to come off. I'm a supervisor at a restaurant and get this question all the time. If you check on-line the next day, it always shows gratuity, but 3-4 business days later or on your monthly statement, it won't show. If any employee gets caught doing such a thing its a automatic discharge from the job. It's called fraud and most servers know that. Also most receipts are checked at the end of the day. So please be patient and wait for your statement and make sure it's correct, if not call the establishment.
2007-06-13 14:19:04 · answer #2 · answered by Trisha U 1 · 1⤊ 0⤋
No, for sure it's not legal. IF that was the case, I'm sure many waitresses would make a killing off a tip. The only way you have to pay a certain amount for tip and they fill it in for you is if you have a big group of people. Then you must pay 15% and I think they put that on your bill. Call the bar and complain.
2007-06-13 12:14:01 · answer #3 · answered by Beth Z 3 · 0⤊ 0⤋
no is not legal, but whenever you signed please if you are not leaving tip with the debit card, put 0 on tip, or write the total again so it's legal, because if you signed without saying you weren't leaving a tip or putting the total again, then she wrote the tip and then the total (with the tip) and I'm sorry to tell you but she screw you up, and there is nothing you can do about it, cause the restaurant will have the receipt with your signature, and those totals in there in hand writing.
You have to be careful when you pay with credit or debit cards.
2007-06-13 12:29:20 · answer #4 · answered by Lolalola 4 · 0⤊ 0⤋
Before everyone gets all freaked out, don't assume it was intentional.
yes if she did it on purpose then it is illegal.
however sometimes with as many as 15 to 20 credit slips to enter, you can make a typing error.
I have been a server for many years and I have made such an error.
to resolve this issue call the restaurant, who should have your slip on file. they will reimburse you the 5 dollars and get the 5 dollars back from the server.
also always write cash on the slip in the tip space. when leaving cash.
2007-06-15 08:06:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
not normally legal, only way this is legal is under the condition that either on a sign or a menu, the establishment posts that they have some kind of automatic gratuity under certain conditions (usually reserved to parties of eight or more), if you left less in cash than the designated amount, then they can charge you for the difference
2007-06-13 13:49:41 · answer #6 · answered by tiny_tim_326 2 · 0⤊ 0⤋
Definitely not legal. But then again, you've already signed for it so even if you went back or made a complain, it's a legal transaction. You should however let the bar know what their wait staff are up to but accept that the five dollars is gone for good.
2007-06-14 20:53:23 · answer #7 · answered by astrid♥ 3 · 0⤊ 0⤋
Depends on how the credit card machine at this establishment works. Some machines require to run the sale for more (allowing for the tip) and when the restaurant settles their machines, they will adjust the amount, and put the sale through. When the transaction settles with your bank, it should be for the amount you signed for.
If not, then you can go to the restaurant with your receipt and speak to the manager.
2007-06-13 14:39:28 · answer #8 · answered by callie 2 · 0⤊ 0⤋
I dont think this is allowed... you cannot add an amount after it was signed... pretty obvious already i am sure but i always ZERO out the tip line if i leave money on the table... this is not the first i have heard of this either--
lesson learned i am sure... i wonder if you brought the receipt back to the place i bet the manager would refund cause i really do think its illegal...
2007-06-13 12:29:33 · answer #9 · answered by Curious81 2 · 0⤊ 0⤋
She's almost certainly scammed you, however you will only have paid the amount you signed for, she can't have added anything after that, surely? Be carefull of disclaimers at the bottom of the receipt saying "Suggested Gratuity $5" or something like that.
2007-06-14 05:31:11 · answer #10 · answered by Bultimus 4 · 0⤊ 0⤋
Look for the sign that says the gratuity is added to the bill. Then, when you don't find it, look for the manager/owner and find out why he lets this go on. Maybe he needs a call from the local AG office or whomever covers theft! If it didn't appear on your bill, you should be the only one to add it.
2007-06-14 03:31:20 · answer #11 · answered by saurus3118 5 · 0⤊ 0⤋