MIAMI (Legal Newsline) – A New York consumer alleges a Florida hotel's restaurants failed to provide notice that an automatic gratuity is charged to a customer's bill.

Michael Fox, on behalf of himself and all others similarly situated, filed a complaint on Dec. 13 in the U.S. District Court for the Southern District of Florida, Miami Division against Loews Corp. and Loews Hotels Holding Corp. for allege violation of the Florida Unfair Deceptive Trade Practices Act.

According to the complaint, the plaintiff alleges that twice in April 2017, he went to defendants' hotel restaurants and ordered food and beverages from the menu. When presented with the restaurant bill, plaintiff claims the bill contained an automatic service charge of 20 percent included with the charges for food and beverages on the check. Plaintiff claims there was no mention of an automatic gratuity or service charge on the restaurant's menu.

The plaintiff holds Loews Corp. and Loews Hotels Holding Corp. responsible because the defendants 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 declaration and injunctive relief, award actual damages, attorneys' fees, pre- and post-judgment interest, and grant such other and further relief as may be just and proper. He is represented by David M. Marco of Smithmarco PC in Chicago and James A. Francis, John Soumilas and David A. Searles of Francis & Mailman PC in Philadelphia.

U.S. District Court for the Southern District of Florida, Miami Division case number 1:17-cv-24507-CMA




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