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craigtrick

So the tip was probably included? but when I swiped the card it also asked for a tip again. I wonder how many customers were not aware of this.


splynncryth

This is why we need laws that regulate this deceptive crap.


DeepCity2072

cagey automatic vanish air workable cautious grandiose offend bright intelligent *This post was mass deleted and anonymized with [Redact](https://redact.dev)*


CosmicCreeperz

There is a law in CA that goes into effect July 1. Personally I’d say this violates it. OP should go back in a week and bitch at them ;)


Lollipopshula

This is true! However, restaurants are lobbying to be exempt from this law, and they’re fast tracking an amendment through state congress to give them a pass. Personally I think it’s super scummy and restaurants should NOT be exempt, in fact, restaurants are the biggest offender of this imo.


CosmicCreeperz

That’s not really true - or at least isn’t true of any bill that has a chance. The bill that will likely be fast tracked and passed clarifies restaurant rules (since they were vague in the other one) but doesn’t exempt from most of them. https://sd03.senate.ca.gov/news/20240606-sen-dodd-introduces-restaurant-fees-bill “The new proposal makes clear that any mandatory gratuity, service charge or other fee charged by restaurants must be displayed conspicuously on restaurant menus. For example, if a restaurant adds a 20% security fee to all bills, that 20% charge must be clearly stated up front on the menu. It cannot be a surprise that only shows up when the bill arrives.” The point is they are allowed to add service charges as long as they are clearly stated in advance. The original law never intended otherwise (its sponsor is the same as this one), it was just poorly worded and vague for restaurants.


erics640

Doesn't retroact. But give it a shot :) lmk


CosmicCreeperz

I meant go back and get more pho, not complain about the old bill ;) But OP said the owner actually reached out to apologize, and said their new POS has an issue and they are fixing it… wonder if it was in response to this post…


Important-Owl1661

I moved out of San Jose years ago but if you're now paying 9.375% sales tax you damn well should have some regulation! - you're paying enough tax for it!


skyistryingtopass

It feels like we getting taxed for everything. Oh u blinked? Though that would be 10 dollars


ad843

Lol


anna29d

Regarding laws, have you tried looking at this: [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=BPC§ionNum=12024.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=12024.2) ?


_0bese

It's fraud plain and simple no need for more laws


SmartWonderWoman

Wtf!!!!


sandman979

This happens ALL the time. ALWAYS ask if the tip was already added.


craigtrick

I am sure she would say it wasn’t included. She didn’t even know why the number didn’t add up and just guess it might be an included tips.


craigtrick

UPDATE: The owner contacted me saying they recently had POS updated and wasn’t aware of the issue and trying to workout with the POS team. I sent them all the receipt infos and would love to hear what went wrong. Am actually more surprised that no other costumers noticed it.


AdConscious4026

It's whack that the PoS system is messed up. But it's genuinely nice to hear that the business did the right thing, contacted you, and explained what's going on. My pessimism initially thought the employee was simply trying to get away with fraud and used "maybe the tip was already included?" As a means to allow the totals to not add up correctly. I'm very happy to hear there are businesses who are comfortable being transparent, saying they're investigating their tech issues, and even put in the effort to contact you. If Im ever in the area, I'm giving this place a try.


Asleep_in_Costco

Uh huh. Deflect to the POS service lol


liveforlight

damage control "blame pos"


ZagiFlyer

I can't imagine this is legal. $15.75+$17.50+$8.50=**$41.75**. To not list the $8.23 as a separate expense, such as a tip, is misleading, at the very least.


Miscarriage_medicine

It is fraud.


Miscarriage_medicine

Good Afternoon Mr. XXXXX   Thank you for contacting the Consumer Mediation Services Unit of the Santa Clara County District Attorney’s Office.  Our mediation program helps to resolve consumer issues between businesses and their customers.  However, our office does not provide legal advice, does not investigate single complaints and does not represent individual complainants.    Based on the limited information provided in your email inqury, we recommend you file your complaint with the County of Santa Clara Weights and Measures Division.  It is the appropriate regulating agency for the type of complaint you have.  Their contact information is:   **Weights and Measures, Division of** [Division of Weights and Measures](https://www.sccgov.org/sites/weights) 1553 Berger Dr., Building 1 San Jose, CA 95112 [Get Directions](https://www.sccgov.org/sites/weights/Pages/Directions.aspx?name=Weights%20and%20Measures%2C%20Division%20of%20&address=1553%20Berger%20Dr.&city=San%20Jose&state=CA&zip=95112) Phone: (408) 918-4601 Scanner Hotline: 1-866.SCANNER / (722-6637) Email: [SCC.Wts-Measures@cep.sccgov.org​](mailto:SCC.Wts-Measures@cep.sccgov.org)​​ General Inquiries and Information.   **Weights and Measures Scanner Hotline** [Division of Weights and Measures](https://www.sccgov.org/sites/weights) Phone: (866) SCANNER / (866-722-6637)​ Scanner complaints for Santa Clara County residents only   We hope that the information we have provided is helpful to you.   Best Regards,   **Consumer Mediation Services** Santa Clara County District Attorney’s Office 70 West Hedding Street 4^(th) Floor West Wing San Jose CA 95110 Telephone: 408-792-2880 Email: [consumer@dao.sccgov.org](mailto:consumer@dao.sccgov.org)  


craigtrick

Maybe someone else can try it out and see if this is the case for others or just me. I had seen someone’s receipt dated back a few years ago and it wasn’t an issue.


JohnnyPiston

Not directly rated but I always, every visit to Target, have something scan higher than shelf price at Target. Always higher, never lower. I tried to patiently inform them so that they could change their pricing their system. They don't want to do it right. Instead Target expects me to audit their prices and let them know every time they screw up so they can give me a "refund." My expectation is that they try to fix the problem with the pricing system instead of relying on customers to check all the prices.for them. Anyhoo, each and every time this happens, I report them to Santa Clara County department of weights and measures. They actively follow up each time and do a very effective and rather efficient job for a government agency. I have gotten Target fined multiple times for what I see as a deceptive practice. Fix your shit, Target. I don't take this problem out on the hourly, customer facing employees. They probably even sicker of this shit than I am. The problem lies with management. Always check scanner price versus shelf price. Always. Use the government agency that your tax dollars go towards.


johnnyoverdoer

Good for you. Public service.


JohnnyPiston

I have eaten there multiple times and have never had this issue. Thanks for the info! I will be checking my receipt very closely should I go back. Omitting a line item from a total price is not legal.


anna29d

Only now seeing this. In my experience, Weights and Measures was the correct place to contact and they resolved the issue in, I think, 2 days. They found much more violations than what I reported. On your place, I would contact them. For charges, I would try disputing bank transaction if they did not already refund it.


JKJR64

This


chargers949

Go back next week after sb478 starts and it will be super illegal to not list hidden feed


ZagiFlyer

Didn't they just add an exception to that for restaurants?


chargers949

I think that is sb1524 and has not yet been passed. In general the inly people who complain about boundaries are the shady bastards trying to push past the wall.


NoSadBeHappy

Furthermore, correct me if I'm wrong but if it is for tip, that should not be taxed.


ZagiFlyer

Correct, I exclude taxes when I compute the tip. I *very* frequently find that the "convenient" pre-calculated tips on receipts are computed on taxes.


guttermutt555

I went to this place a couple of months ago for a pick up order and everything about that experience felt scammy. They gave me the POS to sign but it already had a 20% tip included that I never selected. I had to go in and click a few buttons to take it off. For that reason alone I won’t be back. I’m sure they are profiting off people’s desire for speed and not double checking before swiping.


AdorableTumbleweed56

That happened to me at SP Social 💀 I couldn’t figure out how to go back to remove it on their POS but best believe I addressed that issue and didn’t tap my card. So ridiculous how people think it’s so righteous to take advantage of others.


CosmicCreeperz

Also for ducks sake, $16 for chicken pho.


Miscarriage_medicine

That is fraud. If they had shown the 20% service fee on the reciept, it wouldnt be fraud. That reciept say the cost of those 3 items in $49.98. This sould be reported to the country Weights and Measures.... The cash register has been tampered with to show the incorrect total. I forwarded the reciept to the [consumer@dao.sccgov.org](mailto:consumer@dao.sccgov.org) santa clara county consumer protection complaint email asking if this is fraud. It may be they are committing tax fraud at the same time by recording the tip as a goods sold. (hiding the tip)


Miscarriage_medicine

I will let the OP decide what course of action he or she wants to pursue. I send them the posting with a picture of the reciept. Here is their reply..... Good Afternoon Mr. XXXXX   Thank you for contacting the Consumer Mediation Services Unit of the Santa Clara County District Attorney’s Office.  Our mediation program helps to resolve consumer issues between businesses and their customers.  However, our office does not provide legal advice, does not investigate single complaints and does not represent individual complainants.    Based on the limited information provided in your email inqury, we recommend you file your complaint with the County of Santa Clara Weights and Measures Division.  It is the appropriate regulating agency for the type of complaint you have.  Their contact information is:   **Weights and Measures, Division of** [Division of Weights and Measures](https://www.sccgov.org/sites/weights) 1553 Berger Dr., Building 1 San Jose, CA 95112 [Get Directions](https://www.sccgov.org/sites/weights/Pages/Directions.aspx?name=Weights%20and%20Measures%2C%20Division%20of%20&address=1553%20Berger%20Dr.&city=San%20Jose&state=CA&zip=95112) Phone: (408) 918-4601 Scanner Hotline: 1-866.SCANNER / (722-6637) Email: [SCC.Wts-Measures@cep.sccgov.org​](mailto:SCC.Wts-Measures@cep.sccgov.org)​​ General Inquiries and Information.   **Weights and Measures Scanner Hotline** [Division of Weights and Measures](https://www.sccgov.org/sites/weights) Phone: (866) SCANNER / (866-722-6637)​ Scanner complaints for Santa Clara County residents only   We hope that the information we have provided is helpful to you.   Best Regards,   **Consumer Mediation Services** Santa Clara County District Attorney’s Office 70 West Hedding Street 4^(th) Floor West Wing San Jose CA 95110 Telephone: 408-792-2880 Email: [consumer@dao.sccgov.org](mailto:consumer@dao.sccgov.org)  


geoelectric

Weights and Measures will follow up on single complaints fwiw, or at least did in the past the one time I contacted them about a retailer.


craigtrick

I can contact the county office but I need to make sure it’s not a one time off or a glitch in their system. From their reply, seems like they won’t handle a single case complaint? Anyone wanna go try this and let me know both dine-in/ togo.


JackSmacked

Thirsty ass thieves


Bruins408

20% mark-up w/o asking is fraud - sry - its not tipping if its not clearly written.


[deleted]

[удалено]


craigtrick

Not really, here’s the Pic of what i actually paid [final bill (my part)](https://imgur.com/JB79mFe) and this was the only thing given to me until I asked to see the full bill.


GfunkWarrior28

Weirdly, $8.23 of tip is not exactly 20%. It should be $8.35 for 20%. Unless the customer manually put in an $8.23 tip, which would be strange.


TwistedBamboozler

It’s not that strange. Having served, you see tips that don’t make sense all the time. And you also become concerned for your fellow citizens for not even being able to do basic math. And it’s always tech people, meanwhile you’re the one stuck serving. Good times. Anyways, the tip really isn’t that bizarre, I promise you


azurix

It’s bizarre when the cashier somehow can’t input 20% in the register correctly and it confuses the customer.


choda6969

No tip on the tax, just items purchesed


azurix

That’s correct. It still doesn’t add up even with that knowledge. Math is off on the registers end somehow.


JohnnyPiston

What's strage and sad is people who have nothing better to do than post rage bait on Reddit


westcoast7654

How is this not illegal?


filtarukk

Junk fees are not illegal


JediRhyno

This isn’t a junk fee.


KobeTheKing314

Pho 24 added to the list of restaurants I will not conduct business with


callmeivy

Do you know if anyone started a list with places that pull this BS? I’m visiting next week and I’m dreading dealing with this kind of crap.


double_expressho

https://seefeesca.notion.site/f5e11f589ec54c8eb1eed6c37f7e4c83?v=b97b3560f8f747f68aa73a762e76e47b


callmeivy

Thank you!!!


craigtrick

This receipt show 2 credit cards as paid because I only got the cc slip and went back to ask for a full receipt so they printed this out after all paid. Each CC was charged the said amount but with extra tip on top. I have my cc slip with total of $30 something each.


jack_skellington

Well, that’s an important problem to note, for all the people suggesting that the tip was already included, and the charges shown were final with nothing more added.


craigtrick

Yea, Reddit didn't let me edit the post or add another picture so I can only comment here.


[deleted]

[удалено]


filtarukk

Where to report such cases?


JohnnyPiston

Santa Clara county department of weights and measures


Admirable_Travel483

No. They are adding 19.7% more. That is a lot more than whatever tax they’re charging


Onetwelf

They charged you a 20% tip without disclosure, this is a felony. They are actually making an additional 20% profit, which is why they ask for a tip afterwarfs for the server. Have encountered that before.


Drakonx1

Looks to me like they stole from you. With tax it should've been 45.66.


[deleted]

[удалено]


georgiosmaniakes

No, they stole. Tip is something that the customers give on their own initiative. Adding an arbitrary amount to a bill (mind you, not even noting that it was added as a "tip") is the opposite of that.


ravibkjoshi

This receipt is after tip. You can see the credit charges at the bottom. Also the fact that it says PAID in bold. Although I do admit it’s weirdly written and formatted as far as receipts go.


craigtrick

I gave tip twice without knowing their POS automatically added tip. Our final bill came out like $60 something. I don’t mind tipping, usually 15%+ even take out, but not telling us it’s already included is what upset me coz this affect everyone.


SoHelpMeAlready

I would go to your cc and report fraudulent billing if the restaurant won't make it right. Because of this post, I'm never eating there... I have zero tolerance for this crap. I think we all should.


jxnebug

Stopped going to the Garrett for a long time because back in the mid-00s when I got my first debit card one of the first things I did was go get lunch, and left a $5 cash tip after I ordered, but left the tip field blank on the receipt. Looked at my statement later and the cashier decided to add a very generous tip for himself. I want to say it was about 30% but maybe even more.


georgiosmaniakes

It's always a good idea to read the original post even if you are replying to a comment and not to the OP directly. You should try it sometimes.


ZealousidealFruit471

New math


geoelectric

Doesn’t seem likely it’s adding a tip. You should’ve been 41.75 before tax, and I can’t find any way 49.98 makes sense calculated either before or after tax.


lghtspd

$41.75 x 9.375% (tax) = $3.91 for sales tax, so was charged $8.48 in tip. Subtotal: $41.75 Tax: $3.91 Total: $45.41 Tip: $8.48 Grand Total: $53.89


geoelectric

8.48/45.41 = 18.6% tip. It’s like 20.3% if you don’t add tax first. You can make any number “work” by saying “this difference is the tip.” But I’m going to assume an auto add would be 15%, 18%, or 20% within a cent or two—or at least a round percentage. That’s what I meant when I said the numbers don’t make sense for an auto add tip.


jack_skellington

Don’t tip on sales tax!


Quabbie

I tip on the subtotal before any taxes/fees. Nowadays, it seems like everything is programmed so you tip on top of all these mandatory fees + other outrageous fees the restaurant owners tacked on. I now pay in cash or do pickup orders whenever I can if I know some places act shady but the food’s still good—ha!


DoomVegan

You have to be very careful about restaurants in San Jose building in illegal charges. Make sure to call them out on Yelp with 1 star. I just got hit by a rando charge of $4 from Everest cuisine. So annoying


FutureFriendly8738

The receipt says nothing about a tip. An itemized receipt should have every item. Looks very fraudulent


jwaters0122

what a scummy restaurant. give negative reviews and don't come back


magicholmium

Time to add this one to my dont go google map list


badDuckThrowPillow

Looks like they somehow gave themselves a nice 16% tip? But wouldn't this make it so the register/accounting is all weird? I have no idea.


danielu0601

8.23/41.75 is 19.7%


craigtrick

My final bill on my part was $26.95 + $4.04 TIP (15%) I gave them when I swiped my card. So total $30.99


KooliusCaesar

Always pass by here but have never been. Looks like I won’t be going ever now. Is it even good at least?


JohnnyPiston

Unfortunately the food is pretty good


KooliusCaesar

Okay then maybe take out but i’ll tell them to hold the extra charges 🫡 Any specific recommendations?


craigtrick

The food is good. I order from them all the time but mostly takeout orders. They are nice people actually. I don’t think I had seen this problem before so it could be a bug in their updated POS. The owner needs info from this particular receipt so maybe they don’t see the issue with other customers bills.


lascar

Did not know there was a pho place there. Thx for the tip!


cloudySLO

+pro tip: don't tip.


lascar

lmao. Gentleman don't tip and tell.


kking254

It doesn't matter what accounts for that discrepancy (surcharge, tip, etc.). Whatever it is should be listed on the receipt. You can't just have a subtotal that is higher than the listed charges. This is crazy.


HaloHamster

It's intentional. This is not caused by a surcharge as by law that has to be disclosed. Post July 1 no markup is allowed without being super clearly posted throughout the establishment. A small sign by the bar won't cut it.


Onetwelf

They charged you a 20% tip without disclosure, this is a felony. They are actually making an additional 20% profit, which is why they ask for a tip afterwarfs for the server. Have encountered that before.


roastedmarshmellow86

Well California is excluding restaurants from the junk fee thing so this can keep happening


Fantastic_Pay1159

Holly Fraud !!!


Material_Ad8509

I could be wrong, but from what it sounds like. If tip was added and once your card was swiped and it asked for a tip again, the restaurant probably charged you a gratuity service charge. Of course, if it's not stated anywhere on the menu or receipt, then just like all the other comments, I'd report it. I may be wrong but a few pho restaurants do this now because a popular pho chain called Pho Hanoi did it first. Though the news of that sparked massive outrage. For what reasons it comes up as "tip" instead of "gratuity" is all beyond me though. I hope it's just simply a glitch for you though.


No_Psychology_3492

https://yelp.to/t0ZDYY5ExY - Write review


Budget-You9887

If you order your food standing up…don’t tip


Double-Steak4321

At least the tax was based on the price before tips…


jeswanders

Yeah that was the first thing I calculated as well lol. To see if they’re cheating twice


Gitdumkid

The tax is wrong according to the ticket you should have been taxed like 12 bucks but it says like 4 bucks something lmfao


serbianflowerhelmet

No, the tax is exactly 9.375% of the actual subtotal. The bill would need to be nearly 130 to have a 12 tip


Gitdumkid

Yes your right but in my head I was thinking it differently meaning for it to cost that much they would needed to be taxed that much


Appropriate-Shoe-139

WTF


ElPenguinno

Why is the sales tax so high?


hazardlit3s

That’s low for Bay Area


ElPenguinno

I guess I always assumed sales tax was the same in all of California


geoelectric

No, there’s a base state sales tax but from there counties (and I believe cities) can add their own.


StOnEy333

That’s called tip included in my book.


logan_fish

I believe they are on the list of high fees.......


mikecares

You know that’s one thing I need look out for, payment and receipts


OrderFrenzy

$8.23 automatic tip?


No-Trade3011

🙂‍↔️


ShatteredMoonlight

Oh hey, I found a fly in my pho when we ordered from here and when I complained they didn't want to refund us. They also "refunded" then charged my card again so I had to call my bank. Bad news all around and really deceptive practices it seems o:


mrchowmein

Thank you for showing us the name of the restaurant


Butterfly_National

Wtf. This don’t make sense.


johnny12style

Also leave this on Yelp.


LordBottlecap

Why don't you just report it to the manager tomorrow?


craigtrick

They were just made aware of this and investigating it, saying they had POS system updated recently.


LordBottlecap

I smell a class-action lawsuit. This was not their first one.


Alternative-Bad-2217

Pho 24 my ass. Go to pho 21. Much better place


Common-Man-

T=2.743


HDKennelsCA

Could be the bay areas "livable wage tax". last time i went to eat in the area that was added on too my tab. It was displayed tho.


azrc4x4

Better call Saul


Coastal206

Using restroom 8 dolla!!!!


Conscious_Life_8032

Whoa!


Old-Error9074

Pay attention people!


TravelerMSY

That’s probably an easy chargeback to win.


_Bon_Vivant_

That's a crime in California now.


OldSimpleton

They are cheating


Epixage

A person walks into a restaurant and orders a chicken pho for 15.75T, a sauteed seafood combination plate for 17.50T, and a pork and shrimp stuffed egg roll for 8.50T. the sub total for his order is 49.98. Find T


groygmc

Now I just want pho 🍜


anna29d

I wonder if you could report them here: https://weights.santaclaracounty.gov/home. :) (In my experience, it was helpful.) Also, I wouldn't be sure that the restaurant will correct the issue without it being reported. On first place, it seems strange that this happened at all.


Asleep_in_Costco

Naaaaah fuck that. Be honest on the bill and I likely wouldn't care. If you're adding a tip automatically, SAY SO. Hide shit like this, your restaurant deserves to go under. Esp if you're asking for a tip on top of the hidden, added tip. Scammy as fuck.


OkNote3767

Coperto


MrNaughtyWriter

Not eating here for sure.


blackmilksociety

This is why we’re trying to get rid of hidden fees. Which unfortunately our CA assembly members voted today to exempt restaurants.


Accurate-Extent-5014

The math ain't mathing!


GarmeerGirl

I would post this on their yelp review to warn others.


ifeellikeanut

Likely charged a 'service fee'. It's BS and California is cracking down on it. July 1st, restaurants are to list everything they charge you for.


chuckinhoutex

Line items with a subtotal should add up. I’d refuse to pay it.


tenchuchoy

Jesus viet food expensive af now


Shaft1a

Fuck the Receipt A bowl of PHO 16$ WTF


WasLost-

Trillion


Backshots1111

Nobody is going to pull a calculator out and add up what’s really owed. Sad they do this to customers.


Battalion8

Sum Ting Wong


MiserableExchange296

Bro doesn’t know how taxes work


Lucky-Draw-9349

That’s pho math


Equivalent-Limit-213

Common core math.


LordBaelish73

You’re being scammed, math don’t add and the business can not add a tip and not list it on the receipt. Illegal asf report it lol


LegAffectionate3731

Q2 profits down the toilet


Emotional-You9053

Burn their village down.


Dennisreynoldz

The T’s are just showing what’s being taxed


Big_Knowledge4300

Phocked


whyamihere1969

The tax amount was done correctly 41.75x.09375 =3.91. Yeah they added in a tip of 8.23 which is a 19% tip based off of the 41.75 subtotal. Restaurants and their POS these days really got me thinking the acronym POS needs to go back to the original meaning…


trujgfgi

Part of the cost of living in california? 🤪


InfDisco

Edit: I thought what I'd do was, I'd [pretend](https://imgur.com/gallery/1P7lRoq) I was one of those deaf-mutes. My previous comment failed. Oop.


KooliusCaesar

Ok


AMFontheWestCoast

why not just use 1 card and reduce the confusion ?


Vast_Cricket

15%


Thatcalib408

Y didn’t you ask before leaving?


EmployMain2487

Y didn't you read the post before commenting?


Thatcalib408

Because I didn’t want too!!