QUESTION

Is it legal for a restaurant manager to let a customer find out why the mistake happened?

Asked on Apr 24th, 2013 on Entertainment Law - California
More details to this question:
I went and dined at a restaurant where I was charged twice for two different amounts. I noticed it only when I checked my bank account two days later. I called the restaurant and was told that it was a mistake and that the server charged me the wrong table which is why there are two charges and that when the amount posts on my account it will only have one charge, the only reason there is two is because its pending. Is the server or manager not supposed to come to you and let you know what happened and fill you in rather than not mention anything to there customers and let them figure it out themselves. Is that legal?
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2 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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It is entirely possible and very likely that neither the restaurant manager nor the waiter were aware of the mistake until you brought it to their attention. As long as the restaurant corrects the problem immediately, you wont suffer any harm and thus have no claim for damages. Kudos to you for keeping such a close eye on your account.
Answered on Apr 26th, 2013 at 2:34 PM

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Susan Marie Basko
I don't think the restaurant is in control of this. I think this is the way your bank does this with your debit card. The problem this causes is that the bank usually holds that pending amount until it drops away. If you were counting on having that money to spend, you will not have it for a few days. You are asking if the restaurant is required to let you know that your bank does this. I do not see how the restaurant could notify you, since some banks do this and some do not. If your finances are very close to the edge where you need to have every dollar available to you, waiting for a pending charge to drop can be difficult. However, if you have sufficient money, the charge simply vanishes in a few days. It seems like it would be polite for the restaurant to let you know what happened and what is possibly going to happen with your bank, but I don't see how a restaurant can be required by law to warn you of the possible practices of your bank. You have my sympathy. I also have been concerned by pending charges such as this.
Answered on Apr 26th, 2013 at 2:32 PM

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