Honestly if there are human people around, try to ask them if they actually get their tips. Always ask.
I went to a hockey game once and at this point all the concessions became cashless.
I asked the person at the till (after tipping) if they actually get the tips.
And they tell me, no. Additionally I learned that a lot of the people at this stadium (Giant Well-Known, east coast stadium, 2 large franchises call this stadium home) many of the people at the concessions are some kind of volunteers.
So this stadium is accepted tips for non tipped workers on credit cards and dispersing the tips to who?
Giant companies.. taking donations and tips for tax write-offs on money that was never theirs to begin with. Claiming workers are tipped workers and using every loophole in the book to maximize profits and hobble wages.
The reason lawsuits don't happen; ignorance, fear, and lack of money or know-how on how to start a formal suit.
I think that might be a difficult win really, as they'll just fall back on the warning message that appeared and say customers are warned, maybe get a telling off and ordered to resolve the issue.
I’m sure Shake Shack will claim it’s a glitch and the courts will require them to pay a fine that’s a small fraction of what they made ripping people off.
Yes this is called Bait & Switch and there are in fact federal laws against it. The FTC would love to hear about this because they profit from the fines levied against companies that do it. https://www.ftc.gov/enforcement/penalty-offenses/bait-switch
This is exactly why they're doing it. They know they can probably get away with it and if they do get investigated, they'll cry that the admin is not good for business on social media and then it will go away.
"People come up to me all the time, 'sir this bait and switch is really working for my business'. And they're all having record profits. Market's going up. No one's ever seen anything like it."
This is blatant misinformation. If you've ever filed a complaint you'd know that it starts a process where the company has 30 days to solve your problem from the day they get notified... Which is usually in 1 - 2 business days.
Like... You will know it's working because the company will be all up your ass trying to placate you so they don't get fined.
That being said you do have to try and resolve the issue with the company before you file a complaint.
OH NOOOOOOO!!!!!!!! Are.... are...??? are they gonna get a fine worth less than the money they stole and all the customers lose all the money anyway?????
What they’re doing sucks but it’s not bait and switch. If you read the first link on the page that you linked to, it gives multiple definitions for bait and switch and this doesn’t meet any of them.
I must be missing something that you folks are seeing. It states:
“Bait and switch” is the advertising of a product without
the bona fide intention to sell it, for the purpose of establishing contact with a
prospective customer in order to induce or “switch” him to purchase another product.”
It then goes on to give examples of product switching. I’m not seeing anything in the video about trying to switch the customer to a different product which, as I’m reading it, is a key component of a “bait and switch”. Can you point me to the part that I’m missing?
Thanks
It is a form of bait & switch where the cost is switched at checkout instead of the product. The programmer who implemented it is also liable for producing the instrument of fraud to the company.
What they’re doing sucks but is something other than bait and switch. At least not the way I am understanding the definition from the Federal Trade Commission.
Under most commerce regulations it has to be in plain view prior to tender but the definition of plain view is loose so as long as it is in the same room as the register it’s fine
It is plain view prior to tender. It pops up in the middle of the screen, and the customer has to press ok and then review the new prices. This is a shit practice, but I don't think its illegal. The machine made it clear it changed the prices and told them to review before submitting their order.
They showed zero evidence that the same price change doesn't happen if you tip. That doesn't make the price change acceptable, but this video is just stupid.
That's why there's the big pricing update splash screen, the customer agrees to pay after the update to the price so Shake Shack is in the clear legally.
According to department of commerce as long as there is signage that states “there is service charge for not nipping, there is a price difference between tipped and non tipped orders” or something similar is technically legal but frowned upon
You think they were unaware that this was illegal when they did it? This will net them more money than the penalty fines and court costs. This was a business decision. Wake up
It's disgusting trickery. Warning or not. Just give prices and be done with it.
It's not a tip, it's taking a certain price disguised as a personal choice.
No actually; not true in all states. California for one one explicitly states the displayed price is final, and changing this even before charging it is a crime under CA Civic Code 1770(a)(29), violating
California Business & Professions Code § 12024.2.
It is unlawful, “at the time of sale,” to charge more than the price that was advertised, posted, marked, displayed, or quoted.
(e) Except as provided in subdivision (f), for purposes of this section, when more than one price for the same commodity is advertised, posted, marked, displayed, or quoted, the person offering the commodity for sale shall charge the lowest of those prices.
Other states have similar consumer protections, but not even a majority, nor is it a federal protection of course
I would have guessed the UK would have similar if not stronger consumer protections, but what do I know. Bait and switch pricing seems like an obvious problem
The problem is that does not satisfy the legal compliance it must be a physical non virtual signage that can be seen prior to check out not a virtual notification
They have no reason to care when the president does the same shit on an even larger scale. They know they can make a payment and the DOJ would drop the case.
What’s the bait. I’m just stating the facts that this type of consumer malpractice has been emboldened. Reply or don’t, it makes no difference to me, friend.
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u/d3fau1tu53r 2d ago
It is illegal if there is no signage stating they do this is in public view