Vague restaurant service fees are actually illegal
in March about deceptive restaurant fees following an influx of complaints from customers. The big message: The type of fee and its amount must be “clearly and prominently” disclosed before customers place their orders, and restaurants must accurately describe what the fee is for. ,” developed with input from “industry stakeholders” like the Restaurant Association Metropolitan Washington, gets a little more specific.
The new guidance also requires fees to be displayed more prominently on menus: “A good rule of thumb for restaurants is to communicate service fee information in the same manner that they communicate their prices.” Fees should not be buried, in fine-print, or combined with unrelated information like food allergy notices. Rather, the fees should be as obvious as, say, the $10 price tag on the caprese salad.
While restaurants violating DC’s consumer protection laws may first receive warnings, the Office of the Attorney General may seek refunds for consumers, issue penalties, and force businesses to change their practices. Below are some examples of what kind of fee disclosures are allowed, although the Office of the Attorney General notes that compliance with the law will be determined on a case-by-case basis.
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