As a popular tourist destination, it is very common for hotels and restaurants throughout the State of Florida to add automatic gratuities or service charges to customer bills, usually 18-22% of the total. A significant number of these establishments fail to first provide notice to customers that the charge will be added to their check. This is a violation of Florida law and constitutes a deceptive and unfair trade practice. This practice may also violate county and local ordinances.

Florida Statute section 509.214 requires food service establishments, including restaurants located in a hotel, to provide notice to customers of any automatic gratuity or service charge that is added to the bill. The notice must appear on both the menu and the face of the bill. However, many hotels and restaurants fail to provide the required notice, resulting in higher restaurant bills. Often, customers do not even realize the automatic charge is added to their bill, so they include an additional tip on top of the automatic charge. Adding to the confusion, it is usually impossible for the customer to know whether the automatic charge is paid to the server or kept, in whole or in part, by the hotel or restaurant.

A Florida Statute known as the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) allows customers injured by a deceptive practice to file suit for declaratory and injunctive relief, as well as for their actual damages caused by the practice.

Contact Lewis Saul & Associates, P.C. To Discuss Your Rights

Lewis Saul & Associates has brought numerous claims against restaurants and hotels in the State of Florida on behalf of consumers injured by automatic gratuities for which they were not notified. If you believe you paid an automatic gratuity or service charge without any notice the charge would be included on your bill, call Lewis Saul & Associates for a free and confidential case evaluation. Please call our office toll-free at 877-LAWSUIT to speak to an attorney today.