The Ritz-Carlton Hotel Co. restaurant patron files suit over gratuity fee

By Noddy A. Fernandez | Dec 12, 2017

MIAMI (Legal Newsline) – A New York resident alleges that he was charged a gratuity fee at a Florida restaurant without notice.

MIAMI (Legal Newsline) – A New York resident alleges that he was charged a gratuity fee at a Florida restaurant without notice.

Michael Fox, on behalf of himself and all others similarly situated, filed a complaint on Nov. 28 in the U.S. District Court for the Southern District of Florida, Miami Division against The Ritz-Carlton Hotel Co. LLC for alleged violation of the Florida Unfair Deceptive Trade Practices Act.

According to the complaint, the plaintiff visited a restaurant at a Ritz-Carlton hotel in Florida in April. He alleges that he purchased food or drinks at the restaurant and claims he was charged a gratuity or service charge of 18 to 20 percent by the defendant without providing the statutorily required notice. 

The plaintiff holds The Ritz-Carlton Hotel responsible because the defendant allegedly failed to provide any notice or otherwise disclose on the restaurant's menu that an automatic gratuity or service charge of any amount would be added to a customer’s check.

The plaintiff requests a trial by jury and seeks injunction to discontinue the unlawful acts and practices, award of actual damages, attorneys' fees, costs, pre- and post-judgment interest, and grant such other and further relief as may be just and proper. He is represented by James A. Francis, John Soumilas and David A. Searles of Francis & Mailman PC in Philadelphia and Lewis J. Saul and Edward A. Coleman of Lewis Saul & Associates PC in New York.

U.S. District Court for the Southern District of Florida, Miami Division case number 1:17-cv-24284-JLK

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Francis and Mailman, PC U.S. District Court Southern District of Florida Miami Division

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