Restaurant Refuses To Honor Gift Card -- I'm Still Dumbstruck

[grest]

I just read this...talk about terrible customer relations! And it could have been settled so easily. Go for it, Hoc!
Connie

 

[Mosca]

Yes, I've wondered what happened as well.

 

[mepiccolo]

I read through this whole post because I was curious about the name of the restaurant who did this. I also hope he wins his case, mainly because the manager had no business insulting him like she did.

 

[Hoc]

My internet has been down for a bit (some kind of problem in the Verizon network), and I just got back on.

Lawsuits take a bit of time to finish. I sued them a day or so after I posted the initial post here. They tried to avoid service (even sent a letter back as "addressee moved"). But I finally got them served on October 27. Because of the way they tried to avoid service, I will be entitled to get my costs of service back from them (around $150 -- I'll make a motion in a couple of weeks).

They have 45 days to respond, so their response will be due in mid-December. I have decided, however, to add a claim for recovery for civil extortion to the lawsuit. So, I'll be amending the complaint to seek $10,000 for damages (though I figure I'll either default them or eventually settle it, after they have spent a ton of money in legal fees). Once I serve the amended complaint on them, they will have another 35 days to respond.

We're probably looking at March before this is resolved. But I have time.

 

[Kay H]

You go, Hoc. I hope you get every penny you are suing for. This owner sounds like a complete jerk. I'll bet he thinks twice before he refuses to honor a coupon in the future. Serves him right.

 

[dmharris]

Okay, you'll probably hate me for this, but my French teacher in high school taught us to "rise above it" when teased, harassed, etc. I try to practice that in my life. Now I do think the owner deserves a lesson, but to further sue for an additional $10,000 is a example of the problem our country has gotten itself into that eventually raises costs of everything for everyone. Why not leave the first suit as is? Why do you want him to spend "a ton of money in legal fees"? I don't understand that eye-for-an-eye mentality. This culture of hate and vengence is spinning out of control in our country, in my opinion.

 

[Passepartout]

Okay, you'll probably hate me for this, but my French teacher in high school taught us to "rise above it" when teased, harassed, etc. I try to practice that in my life. Now I do think the owner deserves a lesson, but to further sue for an additional $10,000 is a example of the problem our country has gotten itself into that eventually raises costs of everything for everyone. Why not leave the first suit as is? Why do you want him to spend "a ton of money in legal fees"? I don't understand that eye-for-an-eye mentality. This culture of hate and vengennence is spinning out of control in our country, in my opinion.

Dianne, I don't think anybody hates anybody and you are certainly welcome to your opinion. I see this not as revenge, but as come-uppance for the greed and disrespect shown by the restaurant owner and manager. They, after all sold cards and presumably spent the money they received from them. Then they insulted the customer for trying to redeem the card.

There are plenty of examples of the law using punitive fines or penalties to change the behavior of individuals or businesses. It has nothing to do with the cost or value of the original deed. Shooting a deer out of season around here will cost a hunter $5,000 plus some jail time. There's not a deer in the world that's worth $5k, but penalties like this definitely change the behavior of hunters.

I heard recently that many 10's of millions of dollars would be lost to consumers by businesses either going out of business and their cards becoming worthless or 'inactivity fees' eroding the value of the cards.

Personally applaud Hoc's efforts on this.

Jim Ricks

 

[T_R_Oglodyte]

Okay, you'll probably hate me for this, but my French teacher in high school taught us to "rise above it" when teased, harassed, etc. I try to practice that in my life. Now I do think the owner deserves a lesson, but to further sue for an additional $10,000 is a example of the problem our country has gotten itself into that eventually raises costs of everything for everyone. Why not leave the first suit as is? Why do you want him to spend "a ton of money in legal fees"? I don't understand that eye-for-an-eye mentality. This culture of hate and vengence is spinning out of control in our country, in my opinion.

I agree. But this isn't teasing or harassment. It's outright fraud. Hoc reasonably offered a settlement that would have allowed them to keep most of their fraudulent gain, and they opted out.

It's nothing but bullying, and to beat bullies you need to bully back. Maybe that;s a guy thing, but that language that bullies that are guys understand. And that's the only thing that stops them

In this case the bully picked on the wrong guy when he picked on Hoc. He didn't know it, but Hoc could clean his clock. Hoc is like the good strong kid on the playground who straightens out the bully.

Sorry if your French teacher doesn't agree, but I think most boys who''ve been tormented and harassed on a playground have zero problem with Hoc's approach here.

 

[DeniseM]

Here's another thought - How many other card buyers has this restaurant defrauded? They may owe other card holders thousands of dollars!

 

[T_R_Oglodyte]

Here's another thought - How many other card buyers has this restaurant defrauded? They may owe other card holders thousands of dollars!

That's right. But Hoc is the one who has the wherewithal to stand up to them.

 

[bigrick]

Steve, any news?

You need some good news where people are just waiting to give you the best experience. Can you find that in small claims court?

 

[Hoc]

Steve, any news?

You need some good news where people are just waiting to give you the best experience. Can you find that in small claims court?

I would not use small claims court, because it puts me at a disadvantage. It's making its way through the process, but the court process is always slow.

 

[Dean]

I would not use small claims court, because it puts me at a disadvantage. It's making its way through the process, but the court process is always slow.

OK, so what ever happened? I know it's been a year and a half since the last post and I'd forgotten about the issue until I found it looking for something else. What was the outcome?

 

[Jestjoan]

Inquiring minds want to know.