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Pizza company charging credit card surcharge

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nolow

Member
Solution- pay cash.

Why does everyone keep saying that? I know that is the simple route, but do you not feel that they should put a stop to this? There is a reason for the law. They shouldn't be able to advertise in magazines and the phone book stating they accept credit cards only to charge a fee. They also do not tell people about the fee. They just add it to your bill. I realized it after the total was off from what I originally thought. I found out this guy is the manager/owner and doesn't care at all. I told him he should at least notify people and he said the same thing:

We have been doing it for 4 years.
 


nolow

Member
Okay. You've now done what you can do. Move on.

Yeah, I guess I have done all that I can do. It seems like an open and shut class action suit though. I don't see how an attorney could lose. On top of that, it wouldn't be hard to account for all the credit card transactions in the past for years to come to a total. I guess attorneys aren't as willing to file lawsuits as the public thinks.
 

HomeGuru

Senior Member
Why does everyone keep saying that? I know that is the simple route, but do you not feel that they should put a stop to this? There is a reason for the law. They shouldn't be able to advertise in magazines and the phone book stating they accept credit cards only to charge a fee. They also do not tell people about the fee. They just add it to your bill. I realized it after the total was off from what I originally thought. I found out this guy is the manager/owner and doesn't care at all. I told him he should at least notify people and he said the same thing:

We have been doing it for 4 years.

**A: doing what for 4 years? How much money total have you paid in these surcharges?
 

nolow

Member
**A: doing what for 4 years? How much money total have you paid in these surcharges?

They have been charging a 50 cent surcharge on every credit card transaction for 4 years. They have probably 10 stores that I know of. Even if they did 100 transactions per store (I know they do more; they are very busy), that is $50 a day X 10 stores = $500 a day.

Times this by 365 days you get $182,500.
Times this by 4 years you get $730,000

I know that is a really really rough estimate, but I hop you see my point. The attorney could easily be reimbursed for his services. We would probably end up with a coupon or something. It wouldn't be hard to find plaintiffs either. I can probably round up 20 or more people easily. If you advertise that you are bringing a class action suit, you could get into the thousands. It is a very popular chain in my area.
 

moburkes

Senior Member
They have been charging a 50 cent surcharge on every credit card transaction for 4 years. They have probably 10 stores that I know of. Even if they did 100 transactions per store (I know they do more; they are very busy), that is $50 a day X 10 stores = $500 a day.

Times this by 365 days you get $182,500.
Times this by 4 years you get $730,000

I know that is a really really rough estimate, but I hop you see my point. The attorney could easily be reimbursed for his services. We would probably end up with a coupon or something. It wouldn't be hard to find plaintiffs either. I can probably round up 20 or more people easily. If you advertise that you are bringing a class action suit, you could get into the thousands. It is a very popular chain in my area.

They are not MAKING $500/day. They are attempting to, albeit illegally, offset the costs of accepting credit cards.
 

HomeGuru

Senior Member
They have been charging a 50 cent surcharge on every credit card transaction for 4 years. They have probably 10 stores that I know of. Even if they did 100 transactions per store (I know they do more; they are very busy), that is $50 a day X 10 stores = $500 a day.

Times this by 365 days you get $182,500.
Times this by 4 years you get $730,000

I know that is a really really rough estimate, but I hop you see my point. The attorney could easily be reimbursed for his services. We would probably end up with a coupon or something. It wouldn't be hard to find plaintiffs either. I can probably round up 20 or more people easily. If you advertise that you are bringing a class action suit, you could get into the thousands. It is a very popular chain in my area.


**A: hello, ready my post again.
 

nolow

Member
They are not MAKING $500/day. They are attempting to, albeit illegally, offset the costs of accepting credit cards.

It shouldn't matter if they are making it or not. These are damages that are reimbursable to the people who paid the illegal surcharge. I didn't say they were profiting off of it, although it does increase their profits.
 

nolow

Member
**A: hello, ready my post again.

Well, my wife usually orders the food for dinner. It finally just set me off because they stopped telling people about it. I'm not ordering from them again, but I would say I place an order from them maybe twice a month. They are probably into me for $48 in illegal charges. I'm not going to sue for that. I wouldn't even waste my time in small claims court. I am talking about a class action suit where there is multiple plaintiffs (aggregate).
 

nolow

Member
I know of a large law firm that has filed class action suits against apartment management companies, etc... If I drop them a line, do you think they will laugh at what I am suggesting. If I took this to small claims court, I have no doubt I would win. Why wouldn't that be the case for a class action suit. I know the procedures are extremely different, but I believe the outcome as far as damages would be the same. They would be reimbursed to the plaintiffs.
 

moburkes

Senior Member
I know of a large law firm that has filed class action suits against apartment management companies, etc... If I drop them a line, do you think they will laugh at what I am suggesting. If I took this to small claims court, I have no doubt I would win. Why wouldn't that be the case for a class action suit. I know the procedures are extremely different, but I believe the outcome as far as damages would be the same. They would be reimbursed to the plaintiffs.

The crystal ball is out os service.
 

nolow

Member
The crystal ball is out os service.


I guess you mean that you have no idea how a law firm would approach this case. They may be interested and they may not. It seems like close to a million dollar class action suit. I don't see why it wouldn't spark some interest.
 

HomeGuru

Senior Member
I guess you mean that you have no idea how a law firm would approach this case. They may be interested and they may not. It seems like close to a million dollar class action suit. I don't see why it wouldn't spark some interest.

**A: I do not see why it would be of interest to a law firm.
 

nolow

Member
Just out of curiosity. Could you call the police if they do not remove the charge? It is a criminal offense.
 

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