Lawmakers want to crack down on “junk fees,” but restaurants are trying to stay out of the fight.
Surcharges or fees covering everything from credit card processing to gratuities to “inflation” have become more popular on restaurant checks in recent years.
Last year, 15% of restaurant owners added surcharges or fees to checks because of higher costs, according to the National Restaurant Association. In the second quarter, 3.7% of restaurant transactions processed by Square included a service fee, more than double the beginning of 2022, according to a recent report from the company.
Opponents of the practice say those fees and surcharges may surprise customers, hoodwinking them into paying more for their meals at a time when their wallets are already feeling thin. Fed-up diners compiled spreadsheets via Reddit of restaurants in Los Angeles, Chicago and D.C. charging hidden fees. Even the Onion took a swing at the practice, publishing a satirical story in May with the headline “Restaurant Check Includes 3% Surcharge To Provide Owner’s Sugar Baby With Birkin.”
How enforceable are these fees? Like if I sat down, ordered from the menu with whatever set prices they had in the menu, get back a bill with fees added on that I never agreed to, what would happen if I just refused to pay those fees? Like I’m not coming back either way, so don’t care if they ban me, but can a restaurant tack on whatever they want and the police would treat it as a non-payment of what’s due or is the legal obligation only for the food ordered plus reasonable expectations added on (such as taxes, though personally I also believe they should be included in the advertised price)?
If it is listed on the menu, you must pay it. I can see if it’s not mentioned that you could make the case it’s BS, though