The employee today at 12~ pm at Pier 57 8/17/2024 today tried scamming me and my friends who are visiting from Canada with the prices. Price sheet claims that prices are 6 dollars for the non-matcha drinks on the left, plus 1.50 for one topping, and 2.00 dollars for two. This would make the drink prices subtotal to 8 dollars per drink at most, and 7.5 if there is one topping. We ordered two drinks with two toppings, and one drink with one topping. This would mean that the subtotal would be 22.5.
The proposed cost from the employee claimed it to be over 29 dollars for three drinks. The employee was called out on his bluff, and gave a very-nasty look. After realizing I caught on the scam, the employee said “I can do 22 dollars” (subtotal). The money was given. I left with the drinks afterwards. This has most likely been happening to others as well given the corroborated anecdotal among other recent reviews across platforms.
The New York City Consumer Protection Law forbids all "deceptive or unconscionable trade practices in the sale, lease, rental, or loan, or in the offering for sale, lease, rental, or loan of any consumer goods and services, or in the collection of consumer debts."
New York City Administrative Code Title 20 Chapter 5 Subchapter 2
Rebuttal to owners response:
Owner claims “The price of 2 of our non-matcha drinks with 2 toppings and 1 non-matcha drink with one topping would come out to $26.24.”
If the company also decided to take time to actually investigate the receipts of the order, they would have realized the mistakes that were made in their response.
If the owner is so adamant on customers “not reading the menu clearly”, then we can surely follow the logic of the menu and also the given postulates about Senate bill S1048A, the corroboration between prices from other reviews, and the price stated by the owner and the given price by the employee earlier today.
The employee presented the cost for my order to be over 29 dollars.
The employee listed two toppings on each of the drinks as 1.5 + 1.5 which equals to 3 dollars in total of toppings, not the 2 dollars for two toppings as stated on the menu.
New York City local food tax is 8.875%, which is why the three drinks totaled to 29.39 given the faulty topping prices. 1.08875(6 + (2)1.5) = 29.39.
The fact that 29.39 was presented by the employee confirms that only the 8.875 % added tax is applied.
I payed with CASH, so there would be no reason to be a credit card fee imposed.
If there is a credit card fee, then Senate bill S1048A requires sellers to post the price of a credit card surcharge on any credit card transaction. There was no credit card surcharge presented even IF the employee made the mistake I was using a credit card, which I did not.
The owner didn’t read my review correctly, because I clearly claimed that the 22.5 is the subtotal, and not the final total.
Given confirmation that there were NOT credit card fees, and the tax is 8.875% with the 29.39 final total. The total price would be 24.49 and not the 26.24 the owner claimed in their response.
The owner claimed with two non-matcha drinks with two toppings and one non-matcha drink with one topping would be $26.24 total post-tax
The breakdown of the price on the menu is the reason why the fallacy was caught.
This is not okay. I would not risk digging yourself in a...
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