 |
|
Ask a Lawyer -- Contract Law
Contract Law Question 1
Question: My question is about posting prices in a restaurant for food items. I was in a restaurant and they have menu's with prices on them. However, many of the prices have changed. The owner says he isn't responsible to print the new prices anywhere and that his "prices are subject to change" line, on the bottom of his menu, covers the situation. He outright told me that he printed 10,000 of these menu brochures and costs went up. He flat out called me an idiot for not understanding that prices change without notification and frankly told me that he didn't need my business. I expressed to him that he should really post something or change the menus. But he expressed an unwillingness to post the new prices anywhere. So what happens is that an item is ordered and when the time comes to pay for it the "new price" is charged causing an unexpected higher amount to be required to be paid for the item. I think this is misleading and bad business practice at the least but legally is there anything that can force him to post his new price somewhere? He doesn't even post a menu board above the counter that can be changed. This is a small pizzeria. Shouldn’t he be legally bound to at least post a larger sign saying "prices HAVE CHANGED"? Thanks.
Response: The pizza must be good if you have any interest in going back after such an experience. Most states have laws dealing with deceptive trade practices applicable to sellers of goods and services. My sense of what you relate, based upon limited facts, is that this probably would constitute a deceptive trade practice in that the restaurant owner has not made a reasonable effort to notify the patrons that the actual prices are higher than as listed in the menu. False advertisement is considered a deceptive trade practice.
Here is a link to the list of states (New York not among them) that have passed the Uniform Deceptive Trade Practices Act. New York's version of this law can be found at N.Y. General Business Law § 349, et seq. Individuals can sue privately for damages under this law and the New York State Attorney General's office has enforcement responsibility for the NY Deceptive Trade Practice laws. Here is a link to a good summary of this law and its remedies from the NY Consumer Protect Board. Here is a link to the NY Secretary of State's web page for filing consumer complaints. Filing a complaint with Eliot Spitzer's office is the best remedy of which I am familiar. If you live in a larger city, I would expect the city to also have a consumer fraud unit (probably part of the police department) with whom you may also wish to file a complaint. Unfortunately, as the economic harm is small, I think you shall have a difficult time rousing either the NY Attorney General's office or the local police to action.
Submitted: 10-05-2004; Tom, New York
Response: 10-05-2004; JJR
Add A Comment
|
|
Ask a Lawyer, Contract Law Archives
DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as professional advice. The information presented on this site comes without any warranty of correctness and, therefore, should not be relied upon. This service is not a substitute for the advice of a professional. No attorney client relationship is created through use of this site.
|
|
 |
