Legal Question in Consumer Law in Massachusetts

Credit card receipt purposefully falsified

I ate at an Applebee's Restaurant in Tewksbury, MA on Sunday, Jan 19. My bill came to $27.35. I submitted my visa/check card, and upon getting the form to sign, I crossed out the ''tip'' line, left a $5 bill cash, and signed the form. When I looked at my statement online, Applebee's had ADDED $5 to my transaction. They must have done that after I signed my bill. Isn't that highly illegal? I called the restaurant, and they said they'll take care of it, but I'm not satisfied. I want to be secure that they won't do that again. What recourse do I have?


Asked on 1/23/03, 9:57 am

2 Answers from Attorneys
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: Credit card receipt purposefully falsified

It is illegal. You should report it to the credit card company. There is no way to prevent it from happening again. You can send Applebee's HQ a Chapter 93A letter (model available online at Attorney General (AG)'s consumer protection site), with a demand for relief that includes the liquidated damages of $25, though they will probably do better than that in any offer they make you (free dinner for two, e.g.).

A complaint to the local/regional Better Business Bureau and/or the AG's consumer protection office can be done, but for that small an amount, it won't go far, unless they're already on a running scam investigation.

You can walk outside with a sign saying what happened, but I'd wait until it's warmer!

Raymond P. Bilodeau

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Answered on 1/23/03, 11:34 am
Nance Lyons Law Office of Nance Lyons

Re: Credit card receipt purposefully falsified

Your best approach is to notify your credit card company of the abuse of your card. They can take action that will bring restaurant into line.

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Answered on 1/27/03, 3:03 pm


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