Probably decided from the start to do it and then dispute the charge, and just didn't expect the restaurant actually confirming the amount with him. That or he realized that the high of giving away 3k for online clout is a fleeting feeling and decided he rather had the money.
@@lilmike2710 yah but easily disputable. It's not like they can't be altered, a mistake made, or anyone takes the signature stuff seriously... but it was confirmed here, not just left on the table
@@lilmike2710ehh, ppl make mistakes and you don’t know their financial situation. Saw a similar story of on old lady they accidentally tipped way too much and couldn’t afford it and the store was trying so to fight to keep it
@@LiquidTang Because when you issue a chargeback, you don't just get the money back. The store has to pay another transaction fee ontop of the transaction fee they paid to run the card in the first place. You're essentially stealing money from the store when you do this.
If they didn't indicate seeing the customer's id (mentioned early in this), I'd seriously wonder if it was the cardholder who did that. As it doesn't sound like the restaurant would lie on that detail
I don’t think it was a lie, just a grammar problem. Had the word ‘was’ been used, i.e ‘Customer “was” sued over huge tip’, it would have made better sense.
@capq57 > You'll never convince me that social media has been a net positive for humanity. One day we will shut them all down. When that day comes we will wonder what took us so long.
Kind of depend on where you are. For us, who live in developed country, it's causing excessive amount of trash information and is thus likely a net negative. But for third world countries where alternative means of information is either unavailable or unreliable(due to government control), it is an important tool.
its just a tool, neither good nor evil, neither positive nor negative. All the negative and evil is from people. it is nothing more than a tool that shows to large numbers the true nature of people, a nature that is and was prior to any technology even in antiquity
Not technically true, a lot of people that are generous tend not do i subtly but openly, that is basically chasing clout. I have only truly been generous 2 times or so in my life. And example is when I slipped my friend 100 dollars in his jacket, since it degrading to ask for money when you're broke. Social media or not, it kind of the same.
I have to disagree with you on this. Yes, sure, a lot of these people are being generous for the "clout", however, given the number of ways that they can chase those views (with a disturbing number of those methods being to the detriment of those around them or are just outright stupid), they're instead choosing to help people, their communities and/or the world in general. Provided they're not going behind the scenes and trying to take back what they've given (like some we've seen) I see nothing wrong with it. In my book, it's a Win-Win-Win situation. They get their much desired clout, someone gets help that they might desperately need (which very well might be the difference between life and death) and we get a heart warming video to watch. And you can add in another Win if that video inspires someone else to go out and help someone.
@caseylandau9839 this is exactly why people like Logan Paul or any Kick streamer can get away with being so incorrigible. Someone will always try to make excuses for obvious scammers. It's like those people who say "it's illegal to lie on TV". And so people keep lying on TV, because there's a sucker born every minute.
@@mlmallory2780 except that waitressing in the rest of the world payus a livable wage to start with. Only in th eUS do they underpay waitstaff to the point that they require generous tips to get by.
Oh really? Thanks for explaining how paying a restaurant bill works, really insightful commentary. We can all rest easy now that you’ve explained the situation.
Are you allowed to fleece the disabled? We can't drive with our phones. Why should this situation be any different? They should have declined the tip. Easy money, never is.
Using the name of Jesus for a scam is horrible. Makes me wonder if he's against God and was determined to make God look bad, not doing it to be kind to the waitress. Tips for Jesus is more of a giving in the name of Jesus to show the love of Jesus to someone who could really use the blessing, it's not for Jesus or because they were told to by Jesus. Just a loving gesture because they love Jesus so much and want to share that love with others. Done correctly it's an awesome thing to do and blesses. The giver too. I only do it in cash anonymously, although I certainly can't afford $3000.
@@the_expidition427 Why yes, blaming everyone else but the perpetrator is the smart thing to do! What a fool you are, the man who spent the money and immediately confirmed it was his intention and then charges it back is a criminal. That is called fraud and damages were made in the process, he is lucky he isn't in jail for a felony fraud charge since it was well over the misdemeanor amount.
@@wildfire160 Idk most of the issues lie with the customer but the card company seems negligent. It depends on their contract with the restaurant, maybe disputes are automatically granted and the vendor has to sue the customer. On top of estoppel and negligence, I can see restaurant and card vs customer for fraud and restaurant vs customer for defamation. A dispute isn't "I changed my mind" it's "the vendor is fraudulent or did not perform as agreed" and there is theoretically a process it goes through and possible appeals.
Yes & no. There is a time limit, but there are 2 very different types of claims. Fraud is someone else using your card information. Dispute is your transaction, but there is some issue with it such as getting overcharged, not getting the service/merchandise, etc.
Not really. I am not a lawyer, but I was in business and took credit cards. I did a 2,000 job for a guy, my cost in parts and subcontractors was around a 1,500. The guy paid with a credit card. I performed the work satisfactorily according to the work order at the price agreed on in the work order that he signed. I took credit cards then. About two weeks later he reversed the charges on me and in turn the credit card company reversed their payment causing me to bounce a number of checks at 30.00 each. To get my money I had to sue the guy for breach of contract in civil court. He signed the credit card slip and that is a contract. By signing he was agreeing to pay that amount. It cost me more to hire a lawyer to sue him than the 2,000 bill. I would have been better off financially to just eat the loss and let it go, but I was pissed. I won. I think I was in court about 30 minutes. It was pretty open and shut. Needless to say that I have never taken credit cards in any business again. For all new customers it is cash only. If you are somebody that I know I might take your check. I have probably lost business because of it, but I do not get pissed so much. If the charges get reversed that is breach of contract to me and a civil action, but he is not defrauding the credit card company so it is not criminal. If he does not pay the credit card company, that is still civil because he is not paying a debt that he owes. If he outright lies to the credit card company that is criminal and credit card fraud. At least that is the way that my lawyer explained it to me, that was 30 years ago. After 30 years my memory might be a little foggy. That guy signing the credit card slip for the tip is a contract. He is agreeing to pay 3,000 and there are no backsies. The restaurant might have a pretty good case for breach of contract. I am not a lawyer, but that is how I would go. The problem is the restaurant is out the 3,000 until it works through court. I think it took me about a year.
@@MarkDalbey-rh9lc You could have got that guy for legal fees and the costs incurred for the bounced checks. His credit card company could have gone after him for fraud since he knew it was a legit debt and tried to reverse the charges.
If the credit card company really digs into the details and/or he does this a lot, he may take a hit on his credit from the account getting closed out.
*Why do you hope the restaurant prevails?* *_How bout this... I hope whomever you're expecting an inheritance from, goes on a generous spending spree of tips like this person did and spends all of your inheritance, and loses their house because they don't have money for the property tax._* NOW do you feel differently?
I would assume that he meant it when he did it, then changed his mind. To me, that's a much worse person than a purposeful fraudster. A competent person who will make a commitment that evaporates when their mood changes is weak of constitution and character, a dishonorable person of the most despicable sort.
If they hadn't spoken to him, he could of argued it was supposed to be $300, $30 or $3 and not $3000. But because they spoke with him, he can't argue that anymore.
Too many dishonest people out there with no honor. 😢 I had this guy recommended to me decades ago to build my front porch. He showed up and was this short elderly hispanic man and his 3 sons. We had no written contract. He and his sons built a beautiful porch for me that is just what I wanted. It's also still standing over 2 decades later. I paid him what he asked plus a little bonus since they did such a perfect job. He's been deceased for a while now but I still think of him often when I am enjoying the porch. Heidi
Right, regarding a gift. Wrong, regarding its revocability. The gift was successfully revoked and therefore incomplete. Incomplete gifts are judicially unenforceable.
Tips out to be seen as payment for services rendered, not a gift. I don't work for tips myself, but I tip extra because of good service, not as a gift. If my coffee cup never gets empty and they are nice, I tip extra for the extra effort.
@yogibro6442 The tip was so extraordinary, that it appears to be a gift and not for services rendered. I doubt the plaintiff will win this lawsuit and should not win this lawsuit in my humble opinion.
That's the bad side of social media. I'm pretty sure he made pictures or videos of him leaving a $3000 tip, posted it, gathered a ton of likes, but it was done solely for the likes. Therefore, he reversed the transaction and enjoyed his likes. The lengths people are willing to go for those likes and hype are insane.
For "likes"? I can't imagine that. I intentionally stayed out of social media. Back when AOL was the only thing going and My Space wasn't even born yet I saw things happen to people that predicted some of the things I hear about today. I never thought it would get as bad as it has though. For "likes" is insane. Some people truly are a waste of space, air and food.
I hope this is the case as that would mean there is evidence of him willingly giving the tip on his social media which can be used against him in court.
@@penitent2401 It may or may not be fraud depending on what the law says about reversal of charges on a credit card ex gratia payment, eg is it an absolute right or is there a good faith requirement.
I'm an atheist and even I know Jesus wouldn't be happy with this guy. Being "generous" only for the social media clout is the opposite of the teachings. He's also a hypocrite.
@Ducky69247 I mean, the whole thing is inconsistent, and theres no way to possibly remember word for word what a dude said for 30+ years before writing it down, but Matthew 6 basically has Jesus saying, "If you're going to give to charity, be quiet about it. Only hypocrites make noise about their charity."
My cousin does this kind of tipping. When I observed her doing this "mission work," it looked more like an attempt to garner personal attention than a true blessing for others. I am happy to hear this hypocrite is being sued for his fraud.
My opinion that was very dishonest and cowardly of the guy. He was trying to be a big shot. He knew he wasn't. Like some of the other poster said that's fraud. I myself have been known to leave decent tips. The biggest one was $250. I may have been drunk at the time but it is what it is. You make a promissory to pay and signing a tip. Is your promissory, your signature, your word to pay that much to that person. Kind of cowardly bro
When I worked in a high end Mom and Pop retail store we had a credit card payment for $5k disputed. The owners had already paid the artist. The credit card company wouldn't let the owners contact the customer to find out what the problem was. Turns out that it was a joint husband and wife credit card, and the wife had bought a birthday present for her husband, a couple of months before his birthday. And he disputed it without talking to his wife.
@@B_Bodziak Considering the information there, it's probably solved. It is, also, kind of understandable there, a 5k charge on my card that I didn't recognize, especially if the wife doesn't realize he's doing that and isn't talking about the purchase.
I hope that one day we will look back on this time in history with disgust and wonder how absolute self-centered, narcissism, and the whiney "me" culture was the dominate behavior.
"go ahead and sue me" is what people say when they think that either, the other person actually won't, and/or that the other person does not have sufficient grounds to win.
To me that is clearly credit card fraud! He wanted to give that amount, but then decided to change his mind. It was no mistake, therefore the sale was final. He had no arguments to ask for a refund.
@@hoolihanohoolihan1011 it’s a part of the equation. I’m having to pay taxes on those cash tips that the staff reports or receives via credit card. A 3000 tip would also cost me not only the credit card charge, but also an additional 6.2%, or close to $200. Do your homework before commenting.
Something tells me the bill came in, the wife saw it and said (less kindly) “WTF did you do?, we’re not paying that”, he then “decided” to dispute the charge.
@athomasw1 In event of charge back, vendor is charged anywhere from $20-$100 by merchant services/credit card issuer. And they don't get the original processing fee back. Source: happen to my business.
Sounds like they're not suing him over leaving a huge tip. They're suing him over exploiting his credit card company to steal thousands of dollars from them.
@@Civ5forlife-td7hythe restaurant already gave the waitress the money he tipped, and now the guy is using the cc card company to try to reverse the charge back from the restaurant.
The "tip" was left for one individual, there was no actual cash transacted, just the plastic card, that plastic card is a LEGALLY BINDING IOU when used. It is the individual saying "I will pay this debt, but the credit card company is going to give you the money qnd then I will eventually pay them back. Unless he DID NOT sign the receipt and did not write $3,000 as the tip amount, he is S O L. This person's name and face need to be plastered all over the net, so EVERYONE can see who this piece of 💩 is that would dare mislead and lie to people who served him his food. Hopefully she tells every restraint in town and shares his picture so they can demand CASH ONLY from him. Credit cards CAN BE REFUSED.
@@Civ5forlife-td7hy The waitress doesn't process credit cards personally. The business does, then (if they're not stealing wages) they pay out the tips to the servers. She has the money. Then the thief charges back. The bank doesn't magically go track down the waitress and take the money from her, they take it back from the business that processed the charge.
It doesn't saying they're suing him for giving her the tip. It says they're suing OVER the tip... because of the tip.... in this case, because he cancelled after the restaurant had already paid it out to the waitress. Does anyone have the ability to comprehend what they read these days!
@@watchdogu.s.a.8973 _Does anyone have the ability to comprehend what they read these days!_ Yes, I agree, it doesn't really matter if you put the milk in before or afterwards, although this question will continue to be a source of contention indefinitely, I feel.
He was probably hoping to take advantage of the way tips are added to credit card charges. They give him a bill for $13, and he hands them his credit card. They run the credit card for $13, print a receipt, and hand it back to him. He writes $3000 as a tip and a total of $3013, and leaves. The restaurant then takes the receipt, reads how much tip he added, and modifies the credit card charge (similar to issuing a refund) from $13 to $3013. If he calls his credit card and disputes the charge, he can claim he didn't leave a tip. And the restaurant staff must have written in the $3k tip themselves. It's plausible because tips are added to the bill after the customer has left. So if he'd left those blank, the restaurant could have written in $3k as the tip and add "30" in front of the 13 for the total. And he can claim the restaurant is lying when they said they confirmed with him multiple times that he meant to tip $3k. This is why if you leave a tip, it's important to write a $ sign before the numbers. And kudos to the restaurant for fronting the $3k shortfall while they sue, instead of making the waitress give it back.
@@E.Carrillo He did in Jesus' name. Nobody's saying that Jesus was complicit in the act! In fact, it would just be one in a long string of illegal/immortal actions performed by people falsely claiming to have Jesus' approval.
@@JamesQMurphy Agreed, a little too much of a flex. I've found the opposite to be true-lawyers try to scare people and threaten to sue them when they have zero case. They're fishing for settlement.
@@fredfinger7092 You really have no reason to believe that the server will get the whole tip, or any part of it. There's also a fee for processing the charge, and it's a percentage that the server doesn't get, yet the amount of the tip is reported income.
@@chillnophone2024 If the server wants to split the tip with other staff, kitchen, busboys, etc., it's their business. But I don't want a paper trail that could come back to bite the server or that management feels they are entitled to a share of.
I did this always, until a pizza place added a tip after the fact, then I stopped. $30 for two slices of pizza, was a bit off. I didnt bother to dispute, I just never went back.
Back in the early days of credit cards, you had to phone and get approval from the company for any transaction over 50 bucks. They gave you a confirmation number and it was their problem from there.
@FrankYammy It wouldn't be tons but more than the amount if he just did nothing. The waitress who got the tip would have made plans for that money once he confirmed it was legit. Say they were in debt roughly $3k and the weight of that had suddenly been lifted. Then that suddenly ends. That counts as emotional damage.
'Tips for Jesus' makes me think he was told by his tax preparer that he couldn't include this 3k in his itemized deductions for tithing, which is deductible.
@@mikam8801 It can make sense if he's still at least somewhat generous and/or enjoys likes he might get if he posts about this on social media, but he isn't so generous that he would be willing to pay a sum that large 100% out of his own pocket (possibly after some reflection).
I wonder if the words three thousand dollars was stated in the confirmation conversation… if he meant to leave 30.00 and left the decimal off that still for the sake of conversation would have constituted “an unusually large tip” which he could have confirmed. Only upon receiving the credit card bill would the mistake have been more clearly spelled out.
Not only is the restaurant out the $3k that they paid to the waitress, but since it was wages/tips earned, they also are out the income taxes that they had to pay on that large amount. So, it actually cost them substantially more than the $3k and they should be suing for that as well.
The inicome and SS taxes were deducted from the $3k they paid to the server. But yes, the restaurant would be out their half of the SS taxes. So, due to the bad judgement of the customer, the total loss to the customer could approach $4,000 to include the reataurant's 7.5% share of the employees SS tax, CC processing fee and other fees..
Couldn't this guy also face criminal fraud charges? Pretty sure it's illegal to report a credit card charge as unauthorized, if it was in fact authorized.
Such a Relevant content! As there are many who try to look good both in cyber space and real life, Sadly they’ve forgotten their Ten Commandments and use legal or unethical loopholes to break their promise and get a kick out of feeling smarter than their victims! Thank you ❤
If someone left a $3k tip in my restaurant, for anything less than a wedding reception, id refuse it. This is exactly why. Anything more than a hundred or two (which is already very generous and would still be very appreciated) is either doing it for the wrong reasond or possobly not in the right mind. Unless your diner is dropping $3k on meals and drinks, a $13 meal with a $3k tip is just blinding red flags
Well it depends on how rich the person is leaving the tip, if it's Bill Gates, or Taylor Swift or some other billionaire then $3k is nothing to them and the tip amount is believable
I think there might be other issues here as well. The waitress must pay taxes on the 3000.00 because the tip is electronic and traceable. The restaurant has to report that on the waitresses w2s. It will be worse if the restaurant is one where they only pay so much an hour and you make the rest up in tips.
@@SusanHolbert It's possible that some cash tips aren't being reported as income. I believe that the IRS presumes that 8% of a tipped employees sales are considered as tipped income unless documented otherwise. If you document to your employer that you received less than the 8% in tips, your employer has to make up the difference.
Please. When I tip 35% my credit card issuer messages me to confirm it. No way they didn't check with him on that amount. How can he dispute that charge? What a piece of excrement.
So something like this happened to my sister once turned out her card had been hacked. She was too nice a person to take away the tip but that can happen and I think if the tip had been that much my sister would have disputed it.
@@blairhoughton7918 Depends on the card. One texts me right away, and I have to reply to authorize it. Another one emails me when the charge comes through (usually a day to three later). The email says, not an exact quote, "if you intended to pay this amount, you do not need to take any action. If you did not intend to or this is not your transaction, please reply." This is when they consider something "unusual" like a large tip or a place far from my address. For a "normal" transaction they don't do it, so in that case I would assume your time frame would apply.
That's not how the joke goes 😂 They were supposed to paint the porch. But when the people got back, they said they got the painting done. Oh, and by the way, that's not a porch, that's a BMW 🤣 It's a Mexican contractors joke, so the accent helps 👍 ... Least that's how I remember it from 5-6 decades ago
I have been working for myself on the side for many, many years. About 25 or 30 years ago I did a small job with signed contract and work order for a total of $90. I had 3 backup letters requesting pay with the last one sent certified mail with return receipt. The customer said "sue me", so I did--in Small Claims. At the time suing in Small Claims cost $100 however ALL judgements in Small Claims included court costs, attorneys fees, miscellaneous fees, etc, automagically (and I also had that specifically stated in our contract as well). He paid AFTER he was served and before trial. Now it cost him over $190 (cost for Certified Mail).
I once had a tip changed to a fraudulent tip by the restaurant. They added one zero to my $5 tip to change it to $50 and I was saved because I took a photo of the receipt before I left. My credit card would have denied my fraud claim if it were not for the photo I took.
This is why in Canada your card never leaves your possession. It is highly, highly unusual for a server to take your card to the till to run it. Instead they bring out a little pad where they swipe it, you confirm the amount, then enter your PIN. I'm told they don't do this in the US.
@@hoolihanohoolihan1011 From my understanding they usually always side with the buyer. I know this because I have sold things on Ebay before and Ebay will always side with the buyer over the seller in a dispute even if the buyer has proof that the package was sent with tracking number.
@@justinwhite2725 Some places in the US have started doing it that way. Some even have a purpose-built 'tablet' of sorts that stays at the table so you can order dessert and pay without having to wait for someone to come over with the check. I'm with ya, it should be that way at every restaurant.
@@justinwhite2725it wasn’t all that long ago I’d give my card to start a tab, or leave my card in the folder. People over react to the smallest changes life. When the debit cards first came out, people were scared to use them in retail stores thinking we could see everything in their account 😂
My first thought was "sued for leaving a large tip.?" Then I heard the story. I believe when he said yes I want her to have a $3,000 tip that's a verbal contract. Also what's this about eating Tide pods.? Wouldn't that be poisonous.?
Honestly, "fraud" in regards to this case would be EXTEREMLY HARD if not impossible to prove. Here all he has to argue is that he was intending to be "generous" by leaving a $30.00 tip on a $13.00 bill and he was distracted or something and accidently put what appears to be a comma after then 3 rather than a point after the 1st zero. Unless you can go back in time and read minds, there is no way to disprove that, should it be his argument. This assumes that he wrote $3,000 and not $3,000.00 which honestly, I've seen many people do, omit the zero's that would be after the point and not put the point.
@CJ-ty8sv Recently, I had a $77 bill and I tipped $33 to make it an even $100. Wrote “$100.00” as the total. I obviously meant $23. Credit card dropped for $110. They don’t pay attention to the total when punching it in. Could be he wrote “3000” and the decimal was light or missing, they asked him, “Did you really want to leave such a large tip?” And he responded, “Yeah, for J-man!” Thinking he was tipping $30. We need to see the signed receipt because everything else is conjecture.
Steve, I know you cover a lot of different legal topics, and I was curious if you could talk about how it seems like the court system doesn’t have rhyme or reason. I constantly hear about judges coming to different conclusions using the same set of facts and I wonder if judges are to be so esteemed in our legal system, why can they not agree? They generally do agree and these are just the outliers?
In India you cannot add more than 15% of your bill amount as tips when paying by card. If the guest wants to pay more then he will have to do it in cash.
That's what's sad -- they did their due diligence to preclude this result from coming about, yet they still got the poop end of the stick. The guy must think "SOL" shines out of his butt!
I seem to remember this story. If I remember correctly, all the other employees of the restaurant wanted a piece of the $3000. Also, the restaurant said they had to pay a percentage of that money to the credit card company, like 15% or something, and they wanted her to cover that amount. The situation became so bad, the waitress lost her job. And the man, was so upset at how the restaurant and all the other employees treated her, he changed his mind and disputed the charge. He said he was trying to do a good thing and it all ended up in a mess. I don't know if this is the same story, but I remember reading about this a while back.
If he was trying to do a nice thing, he would have split the tip up and helped everybody, but $150 for each person isn't as headline grabbing as a single $3000 tip. Since this was for social media clout, he took the worse option, and it ended badly.
The Restaraunt staff did all their due diligence to confirm this guy wasn't drunk, high out of his mind, or mentally ill. He absolutely should pay it and I hope the trail errs in their favor.
Look out, Steve. Now that you've explained the concept of promissory estoppel, look for pervaloon Chilito to pick this up and incorporate it into one of his hilariously unhinged appeals.
About the restaurant confirming the tip amount, I wonder if they actually confirmed the 3000 or asked if he meant to leave a large tip. Reason I wonder is I left a 50.00 tip for a small meal, and was asked “are you sure you are ok with your tip” the actual amount was never brought up in the confirmation. So what if this man meant to leave a 30.00 tip instead.
You might be right, but that is an assumption. $30.00 would have been an excessive tip for a $13.00 meal. It's hard to believe that some one would write 3 000 when he meant 3.00. In cancelling the card entry he also cancelled his payment for the meal, surely then it was his responsibility to contact the restaurant directly and explain that the tip was an error, pay them for his meal and give an appropriate tip? I don't know whether that would get him of the hook but ignoring it is not a good idea!!
I am in England. I was working away and alone. I went for a meal at a restaurant and left a cash tip. I paid by card for me meal. Now this was 30 years ago and I only had a £5 note in my wallet so I left it for the server. She saw it, went mental and shouted "What do you want from me, I am not going to sleep with you". I swear this is 100% true. My dinner bill was £30.00 so @ 10% I should have only left her £3.00. I left and never went back. Way before phones with cameras and social media of any modern sense. I was humiliated in public because I didn't have the correct change for a tip. I will never forget it.
Tipping is rare in British restaurants, and not at all expected. And even thirty years ago, five pounds wasn't much money, so I can only assume that the waitress was either joking (though if this was the case then I am sure you would have noticed) or perhaps she was really flustered (and maybe thought that you were being sarcastic) and wasn't thinking straight. It was really strange, anyway.
@@Behindthecurtain-s1oWho says you can't? But you'll have to explain how you believed them when they said they would do something, when you know they don't have the power to do that thing alone and can't make promises that others will go along with them. I.e. their promises are empty by default. The promises are rhetoric designed to imply that they agree with your goals. And you can't expect a result. So there's no actual promise made, you're just imagining there was. You're deluded, not defrauded. So there's nothing to sue over, even if they end up voting the other way every time. But their lawyer might not be this bright, so you might try. Be a heck of a thing if you won.
As a vendor to the industry, I agree. In fact, most Point of Sale systems have an option to limit a tip percentage, more to prevent fraud. Also, when someone leaves a tip that big, the credit card fees become a real thing. The tip may be $3k, but the restaurant is only getting $2900.
It could just be gift regret. In the heat of the moment of feeling generous you do something that isn't financially sensible, and then later when the high wears off you start to have regret. I have done something similar at Christmas time.
I don't why the restaurant had to sue. When you file a dispute through your credit card the merchant has the chance to submit whatever proof they have that it's a legitimate charge
That porch-painting hypothetical is simply an oral contract: there's offer, acceptance, and full performance by one of the parties. No need for promissory estoppel there. A more realistic promissory estoppel situation would be something like: A homeowner messages a contractor online and says, "If you paint my porch tomorrow, I'll pay you $400"; the contractor decides to forego a different job he was already scheduled to do in order to take on this new job. The next day, he travels two hours to reach the man, ready to do the work; however, the man now says, "I changed my mind." The contractor never formally accepted the offer, but he relied on the homeowner's promise to his detriment (by forgoing the existing job and shelling out for travel expenses). That's a promissory estoppel situation.
@@nathanaelstricker9056 You aren't the only one that is curious. An extremely shitty thing to do either way, when they literally follow you out to the parking lot to ask you if you meant to leave a tip that large!
The credit card company should not have allowed the customer to win the dispute if the facts are as stated. Changing your mind is not a valid reason to win a credit card dispute.
That’s been my experience. The credit card company would notify us that a charge was disputed by the customer. We then had 10 days to respond. Since the charges were usually for >$500 for annual dues and not merchandise, we always sent written documentation and a letter of explanation. That’s what should have happened here, especially since it apparently disputed after more than 30 days.
You don't know what he told them. He probably lied and said the charge was fraud. A customer service agent looking at a $3k charge tip on such a small bill would assume the customer is telling the truth and do a charge back. Some credit card companies side with their customers and do charge backs with zero investigation.
@@Michael_Courtney He could just claim ID theft and that does happen. But anyway, all these records will be subject to subpoena and the restaurant will easily win if that is what came about since his credibility will be shot. Additionally, a civil judge can refer the matter directly to the prosecutor's office for investigation into criminal fraud.
So sounds like he did the tip for online clout in a video, but he didn't get the views he was looking for. People are idiots.
Probably decided from the start to do it and then dispute the charge, and just didn't expect the restaurant actually confirming the amount with him.
That or he realized that the high of giving away 3k for online clout is a fleeting feeling and decided he rather had the money.
He was planning on getting to give her the flesh tip later as her giving thanks and now I hope it breaks his bank . FRAUD 101
@Migglesworth
As are those whose YT account begins with an M
@MigglesworthGet out of here. You had grammar errors in your post too.
@Migglesworth Look ma! it's the grammar gestapo!
The fact that they went out to the guy and confirmed he was tipping that amount absolutely makes this a promise.
Signing a receipt expressly agreeing to leave the tip makes it a promise from the start.
@@lilmike2710 yah but easily disputable. It's not like they can't be altered, a mistake made, or anyone takes the signature stuff seriously... but it was confirmed here, not just left on the table
What about jesus? @@mbburry4759
@@lilmike2710ehh, ppl make mistakes and you don’t know their financial situation. Saw a similar story of on old lady they accidentally tipped way too much and couldn’t afford it and the store was trying so to fight to keep it
@@LiquidTang Because when you issue a chargeback, you don't just get the money back. The store has to pay another transaction fee ontop of the transaction fee they paid to run the card in the first place. You're essentially stealing money from the store when you do this.
This title is misleading. It should be "Customer Sued after RENEGING on Huge Tip to Waitress." Very different thing.
If they didn't indicate seeing the customer's id (mentioned early in this), I'd seriously wonder if it was the cardholder who did that. As it doesn't sound like the restaurant would lie on that detail
I don’t think it was a lie, just a grammar problem. Had the word ‘was’ been used, i.e ‘Customer “was” sued over huge tip’, it would have made better sense.
Renegging
Not really, it's written correctly, you me and many others just made an assumption
@@chipdiesel9788as if this title wasn’t written that way knowing precisely that people would “make assumptions”.. 🙄
You'll never convince me that social media has been a net positive for humanity.
@capq57
> You'll never convince me that social media has been a net positive for humanity.
One day we will shut them all down.
When that day comes we will wonder what took us so long.
It's has/will. Something to understand is we will have to get used to social media. It's a brand new thing
Kind of depend on where you are. For us, who live in developed country, it's causing excessive amount of trash information and is thus likely a net negative. But for third world countries where alternative means of information is either unavailable or unreliable(due to government control), it is an important tool.
It's evil, for sure.
its just a tool, neither good nor evil, neither positive nor negative. All the negative and evil is from people.
it is nothing more than a tool that shows to large numbers the true nature of people, a nature that is and was prior to any technology even in antiquity
Being generous on social media isn't actually generosity, its clout chasing.
Not technically true, a lot of people that are generous tend not do i subtly but openly, that is basically chasing clout.
I have only truly been generous 2 times or so in my life.
And example is when I slipped my friend 100 dollars in his jacket, since it degrading to ask for money when you're broke.
Social media or not, it kind of the same.
@@Noname-km3zx that makes absolutely no sense.
I have to disagree with you on this. Yes, sure, a lot of these people are being generous for the "clout", however, given the number of ways that they can chase those views (with a disturbing number of those methods being to the detriment of those around them or are just outright stupid), they're instead choosing to help people, their communities and/or the world in general. Provided they're not going behind the scenes and trying to take back what they've given (like some we've seen) I see nothing wrong with it. In my book, it's a Win-Win-Win situation. They get their much desired clout, someone gets help that they might desperately need (which very well might be the difference between life and death) and we get a heart warming video to watch. And you can add in another Win if that video inspires someone else to go out and help someone.
It can be both, and I'm okay with that
@caseylandau9839 this is exactly why people like Logan Paul or any Kick streamer can get away with being so incorrigible. Someone will always try to make excuses for obvious scammers. It's like those people who say "it's illegal to lie on TV". And so people keep lying on TV, because there's a sucker born every minute.
Kudos to the restaurant owner for not trying to claw the money back from the waitress.
But not kudos to tips being the only way they can make a living as a waitress.
It's illegal for owners to take a waiter/waitress tip.
@@balsalmalberto8086 The solution is to not be a waitress, there are other, better paying jobs out there.
@@balsalmalberto8086 Waitressing has helped many people to raise their families. If you don't want to tip, then don't go eat out at a restaurant.
@@mlmallory2780 except that waitressing in the rest of the world payus a livable wage to start with. Only in th eUS do they underpay waitstaff to the point that they require generous tips to get by.
When he wrote the tip and signed his name, he agreed to pay that amount.
Especially since he was specifically asked before leaving if he meant to leave 3k and he said he did.
Oh really? Thanks for explaining how paying a restaurant bill works, really insightful commentary. We can all rest easy now that you’ve explained the situation.
@@Mouthwashh pretty basic. The writing and signature was clearly printed. Seems like millions of people understand, yet you don't?
He agreed to pay the amount that he wrote in the total line, not in the tip line. No one is talking about that amount.
Are you allowed to fleece the disabled? We can't drive with our phones. Why should this situation be any different? They should have declined the tip. Easy money, never is.
What a jerk. This guy deserves to lose.
Using the name of Jesus for a scam is horrible. Makes me wonder if he's against God and was determined to make God look bad, not doing it to be kind to the waitress.
Tips for Jesus is more of a giving in the name of Jesus to show the love of Jesus to someone who could really use the blessing, it's not for Jesus or because they were told to by Jesus. Just a loving gesture because they love Jesus so much and want to share that love with others. Done correctly it's an awesome thing to do and blesses. The giver too. I only do it in cash anonymously, although I certainly can't afford $3000.
The credit card company needs to lose not him
@@the_expidition427 Why yes, blaming everyone else but the perpetrator is the smart thing to do! What a fool you are, the man who spent the money and immediately confirmed it was his intention and then charges it back is a criminal. That is called fraud and damages were made in the process, he is lucky he isn't in jail for a felony fraud charge since it was well over the misdemeanor amount.
@@the_expidition427 Why that makes no sense the card company has no blame in this...the`re not involved in any of it
@@wildfire160 Idk most of the issues lie with the customer but the card company seems negligent. It depends on their contract with the restaurant, maybe disputes are automatically granted and the vendor has to sue the customer. On top of estoppel and negligence, I can see restaurant and card vs customer for fraud and restaurant vs customer for defamation.
A dispute isn't "I changed my mind" it's "the vendor is fraudulent or did not perform as agreed" and there is theoretically a process it goes through and possible appeals.
That 60 day period to contest the credit card charges is to prevent fraud, not to allow the credit card user to change their mind.
It's a new thing called "friendly fraud" card companies are soft on this type of chargeback, not that it makes it ok.
Yes & no. There is a time limit, but there are 2 very different types of claims. Fraud is someone else using your card information. Dispute is your transaction, but there is some issue with it such as getting overcharged, not getting the service/merchandise, etc.
They even went back and made sure he had meant the tip. This is definitely all on him.
This is credit card fraud, a crime, so he should be arrested immediately.
If customer has done this a few times, card company should revoke his credit card, pending a prepaid "security" amount.
Not really. I am not a lawyer, but I was in business and took credit cards. I did a 2,000 job for a guy, my cost in parts and subcontractors was around a 1,500. The guy paid with a credit card. I performed the work satisfactorily according to the work order at the price agreed on in the work order that he signed. I took credit cards then. About two weeks later he reversed the charges on me and in turn the credit card company reversed their payment causing me to bounce a number of checks at 30.00 each. To get my money I had to sue the guy for breach of contract in civil court. He signed the credit card slip and that is a contract. By signing he was agreeing to pay that amount. It cost me more to hire a lawyer to sue him than the 2,000 bill. I would have been better off financially to just eat the loss and let it go, but I was pissed. I won. I think I was in court about 30 minutes. It was pretty open and shut. Needless to say that I have never taken credit cards in any business again. For all new customers it is cash only. If you are somebody that I know I might take your check. I have probably lost business because of it, but I do not get pissed so much. If the charges get reversed that is breach of contract to me and a civil action, but he is not defrauding the credit card company so it is not criminal. If he does not pay the credit card company, that is still civil because he is not paying a debt that he owes. If he outright lies to the credit card company that is criminal and credit card fraud. At least that is the way that my lawyer explained it to me, that was 30 years ago. After 30 years my memory might be a little foggy. That guy signing the credit card slip for the tip is a contract. He is agreeing to pay 3,000 and there are no backsies. The restaurant might have a pretty good case for breach of contract. I am not a lawyer, but that is how I would go. The problem is the restaurant is out the 3,000 until it works through court. I think it took me about a year.
@@MarkDalbey-rh9lc Should have done the guy for the money AND legal costs.
@@MarkDalbey-rh9lc You could have got that guy for legal fees and the costs incurred for the bounced checks. His credit card company could have gone after him for fraud since he knew it was a legit debt and tried to reverse the charges.
Naw
The customer should be forced to pay 6k just to punish him for being another stupid social media zombie.
If the credit card company really digs into the details and/or he does this a lot, he may take a hit on his credit from the account getting closed out.
Hope the restaurant prevails, and the judge adds on lawyer fees, punitive damages.
*Why do you hope the restaurant prevails?*
*_How bout this... I hope whomever you're expecting an inheritance from, goes on a generous spending spree of tips like this person did and spends all of your inheritance, and loses their house because they don't have money for the property tax._*
NOW do you feel differently?
@@m4rvinmartian no
@@m4rvinmartian TOTALLY different case here.
@@m4rvinmartian could you make a dumber comment?
@@m4rvinmartian And how is that the restaurant's fault?
This guy cost the restaurant $3k. He needs to pay his bill.
The gentleman wrote the check or paid on credit with no intent to pay, isn't that fraud?
credit card
No, probably was drunk plus anyone can write a tip in
I would assume that he meant it when he did it, then changed his mind. To me, that's a much worse person than a purposeful fraudster. A competent person who will make a commitment that evaporates when their mood changes is weak of constitution and character, a dishonorable person of the most despicable sort.
It’s fraud in my opinion
Thinking its legit is the real crazy part. If someone pays that much, they are jumping off a cliff when they leave. There's no other reason.
If they hadn't spoken to him, he could of argued it was supposed to be $300, $30 or $3 and not $3000. But because they spoke with him, he can't argue that anymore.
Too many dishonest people out there with no honor. 😢 I had this guy recommended to me decades ago to build my front porch. He showed up and was this short elderly hispanic man and his 3 sons. We had no written contract. He and his sons built a beautiful porch for me that is just what I wanted. It's also still standing over 2 decades later. I paid him what he asked plus a little bonus since they did such a perfect job. He's been deceased for a while now but I still think of him often when I am enjoying the porch. Heidi
Here's a cookie for not being a jerk. 🍪
@@BariumCobaltNitrog3nNo cookie for you!
You’re a lucky many getting to deal with honourable workers, I hope you recommended them to others
@@chrisragone8785 what's your problem?
@@BariumCobaltNitrog3n some people wake up and wonder, hmmm, who can I insult today?
Sounds like an irrevocable gift
Right, regarding a gift. Wrong, regarding its revocability. The gift was successfully revoked and therefore incomplete. Incomplete gifts are judicially unenforceable.
Needs to be a process where the store can call the CC company to verify; Therby waiving any disputes...
Tips out to be seen as payment for services rendered, not a gift. I don't work for tips myself, but I tip extra because of good service, not as a gift. If my coffee cup never gets empty and they are nice, I tip extra for the extra effort.
@yogibro6442 The tip was so extraordinary, that it appears to be a gift and not for services rendered. I doubt the plaintiff will win this lawsuit and should not win this lawsuit in my humble opinion.
@@sunchips5 If they lose, then Jesus boy gonna be banned from every local restaurant.
If he actually made that promise he should be forced to pay it.
PLUS all those extra charges.
I wonder if the guy made a social media post bragging about his -$5,000- $3,000 tip. I think that would play well in court.
$3,000
@@MachoRaton$10000 I didn’t watch the video but let’s inflate the number
If the place was smart, they'd go find any social media from this guy bragging about leaving the $3k tip and use it as evidence on his "intent"
That's the bad side of social media. I'm pretty sure he made pictures or videos of him leaving a $3000 tip, posted it, gathered a ton of likes, but it was done solely for the likes. Therefore, he reversed the transaction and enjoyed his likes. The lengths people are willing to go for those likes and hype are insane.
sure but i'm pretty sure this guy would still be a douche doing the same kinds of thing in a world without social media.
For "likes"? I can't imagine that. I intentionally stayed out of social media. Back when AOL was the only thing going and My Space wasn't even born yet I saw things happen to people that predicted some of the things I hear about today. I never thought it would get as bad as it has though. For "likes" is insane. Some people truly are a waste of space, air and food.
@@justme-dm7sb is it the "likes" themselves or an addiction to the biological process brought on by "likes"?
They would never know he disputed the charge and he would carry on with his fake generosity.
I hope this is the case as that would mean there is evidence of him willingly giving the tip on his social media which can be used against him in court.
GOOD!!! Glad to hear that the restaurant is standing behind their employee.
The word "Asshole " comes to mind.
The which slipped could have hit you, except the leafblower blew you into it
@@the_expidition427
Are you ok? Have you sought medical attention?!?!?
Quite possibly just another first-class Alimentary Canal Exit seeking clicks on social media. 🤔
His wife saw the charge. She told him to go get the money from this jesus guy.
You hit the nail
@@ariochiv or, a kind and generous man
I hear that guy was never good with money.
No, I think this guy was planning a Tic Tok video, but it went wrong.
Seems like a guy who wanted to look good to everyone in the moment.
Customer wasn't sued over huge tip. Customer was sued for stealing back the huge tip.
If you ask me, I'd say this man is guilty of theft. He gave a gift and then stole it back.
Technically, it's called fraud.
@@penitent2401 It may or may not be fraud depending on what the law says about reversal of charges on a credit card ex gratia payment, eg is it an absolute right or is there a good faith requirement.
As a Christian myself, it’s always a real kick in the jewels when someone does something idiotic and brings Jesus into as a co-conspirator.
Yup, he's a true xtian by virtue *and* behavior
Wow, you nailed it, Turtle.
I'm an atheist and even I know Jesus wouldn't be happy with this guy. Being "generous" only for the social media clout is the opposite of the teachings. He's also a hypocrite.
@@Mewse1203 not the character from the book, god forbid, right? That character is pretty far removed from contemporary xtians anyway.
@Ducky69247 I mean, the whole thing is inconsistent, and theres no way to possibly remember word for word what a dude said for 30+ years before writing it down, but Matthew 6 basically has Jesus saying, "If you're going to give to charity, be quiet about it. Only hypocrites make noise about their charity."
My cousin does this kind of tipping. When I observed her doing this "mission work," it looked more like an attempt to garner personal attention than a true blessing for others. I am happy to hear this hypocrite is being sued for his fraud.
Your cousin is crazy. Most people in our area are supportive of the "No Tip for The Devil" mission work.
You shouldn't judge her generosity.
Did she waitress or bartend?
@@FreeAmerican-mm2my 😂🤣
My opinion that was very dishonest and cowardly of the guy. He was trying to be a big shot. He knew he wasn't. Like some of the other poster said that's fraud. I myself have been known to leave decent tips. The biggest one was $250. I may have been drunk at the time but it is what it is. You make a promissory to pay and signing a tip. Is your promissory, your signature, your word to pay that much to that person. Kind of cowardly bro
Especially since he was specifically asked if he knew and intended to tip 3k
@@B_Bodziak I was about to say the exact same thing.
You got drunk and someone had a good day because of it. Can't fault you for that.
I've had people dispute a $13 cheesesteak sandwich 20 days after they ate it.
I change my mind all the time. It's my prerogative.
When I worked in a high end Mom and Pop retail store we had a credit card payment for $5k disputed. The owners had already paid the artist. The credit card company wouldn't let the owners contact the customer to find out what the problem was. Turns out that it was a joint husband and wife credit card, and the wife had bought a birthday present for her husband, a couple of months before his birthday. And he disputed it without talking to his wife.
What happened you can’t leave us hanging like that.
Wow. What happened?
@@B_Bodziak Considering the information there, it's probably solved.
It is, also, kind of understandable there, a 5k charge on my card that I didn't recognize, especially if the wife doesn't realize he's doing that and isn't talking about the purchase.
@@B_Bodziak Having dealt with credit card companies before, the retail store is out the $5k.
Figured she would service his other tip in return as a thankyou that backfired on him .
I hope that one day we will look back on this time in history with disgust and wonder how absolute self-centered, narcissism, and the whiney "me" culture was the dominate behavior.
I wouldn't bet on that. If they investigate further, this may not be his first rodeo.
Waiting for this one, ever since I saw this headline.
Why the hell aren't we using that Promisary Ostople(?) to sue politician?
"go ahead and sue me" is what people say when they think that either, the other person actually won't, and/or that the other person does not have sufficient grounds to win.
You don't say "sue me" when you're doing the right thing.
To me that is clearly credit card fraud! He wanted to give that amount, but then decided to change his mind. It was no mistake, therefore the sale was final. He had no arguments to ask for a refund.
Also, employers are required to pay the government employer SS on customer tips as if it was regular pay.
That sucks. The gov't sticks it's hand in every pocket.
This has nothing to do with any of it, but congrats on trying to sound smart
@@hoolihanohoolihan1011 it’s a part of the equation. I’m having to pay taxes on those cash tips that the staff reports or receives via credit card. A 3000 tip would also cost me not only the credit card charge, but also an additional 6.2%, or close to $200. Do your homework before commenting.
Something tells me the bill came in, the wife saw it and said (less kindly) “WTF did you do?, we’re not paying that”, he then “decided” to dispute the charge.
His wife probably thought the payment was for the waitress servicing his "tip".
@@michaelwilkening8542 Ha! Probably right -
Most likely scenario.
I agree, or after he made the transaction, he realized that he couldn't afford it, therefore, he disputed it.
Thanks!
Thank you!
The restaurant is also out processing fee that is usually 2-3%.
Interesting point that I, for one, had not thought about...
No, when a charge is reversed, so is the processing fee.
@athomasw1 In event of charge back, vendor is charged anywhere from $20-$100 by merchant services/credit card issuer. And they don't get the original processing fee back. Source: happen to my business.
@@athomasw1I am sure the restaurant give the waitress the full $3,000 without deducting the fees.
Sounds like they're not suing him over leaving a huge tip. They're suing him over exploiting his credit card company to steal thousands of dollars from them.
but its not money from them. Its money from the waitress
@@Civ5forlife-td7hythe restaurant already gave the waitress the money he tipped, and now the guy is using the cc card company to try to reverse the charge back from the restaurant.
@@Civ5forlife-td7hy It depends on the policy. Many/most establishments pool tips and divide among the staff.
The "tip" was left for one individual, there was no actual cash transacted, just the plastic card, that plastic card is a LEGALLY BINDING IOU when used. It is the individual saying "I will pay this debt, but the credit card company is going to give you the money qnd then I will eventually pay them back. Unless he DID NOT sign the receipt and did not write $3,000 as the tip amount, he is S O L. This person's name and face need to be plastered all over the net, so EVERYONE can see who this piece of 💩 is that would dare mislead and lie to people who served him his food. Hopefully she tells every restraint in town and shares his picture so they can demand CASH ONLY from him. Credit cards CAN BE REFUSED.
@@Civ5forlife-td7hy The waitress doesn't process credit cards personally. The business does, then (if they're not stealing wages) they pay out the tips to the servers. She has the money. Then the thief charges back. The bank doesn't magically go track down the waitress and take the money from her, they take it back from the business that processed the charge.
The descripter is misleading.
They are not suing him over giving her the tip. They are suing over him renegging on the tip (ie. not paying his bill).
It doesn't saying they're suing him for giving her the tip. It says they're suing OVER the tip... because of the tip.... in this case, because he cancelled after the restaurant had already paid it out to the waitress.
Does anyone have the ability to comprehend what they read these days!
@@watchdogu.s.a.8973 _Does anyone have the ability to comprehend what they read these days!_
Yes, I agree, it doesn't really matter if you put the milk in before or afterwards, although this question will continue to be a source of contention indefinitely, I feel.
@@watchdogu.s.a.8973 Do you have eyes?
"Customer Sued Over Huge Tip To Waitress"
This seems like the least disputable charge ever. Reg E only lets you dispute charges you didn't authorize.
Who's Reggie?
@@bcubed72 Regulation E is the federal laws that regulate how credit cards can work.
Lol, born yesterday huh? Go to ANY pay site like twitch and see that this happens a thousand times a day.
He was probably hoping to take advantage of the way tips are added to credit card charges. They give him a bill for $13, and he hands them his credit card. They run the credit card for $13, print a receipt, and hand it back to him. He writes $3000 as a tip and a total of $3013, and leaves. The restaurant then takes the receipt, reads how much tip he added, and modifies the credit card charge (similar to issuing a refund) from $13 to $3013.
If he calls his credit card and disputes the charge, he can claim he didn't leave a tip. And the restaurant staff must have written in the $3k tip themselves. It's plausible because tips are added to the bill after the customer has left. So if he'd left those blank, the restaurant could have written in $3k as the tip and add "30" in front of the 13 for the total. And he can claim the restaurant is lying when they said they confirmed with him multiple times that he meant to tip $3k.
This is why if you leave a tip, it's important to write a $ sign before the numbers. And kudos to the restaurant for fronting the $3k shortfall while they sue, instead of making the waitress give it back.
My aunt was scammed and her CC company told her it was her tough luck because she gave it to them willingly.
Credit Card Fraud for Jesus
Anything and everything “for Jesus” seems to be fraud.
@@moonshoes11 yup, because religions are nothing more than protection money extortion fraud crime syndicates.
Not for Jesus, just fraud!
@@NickBush24
It seems anything for “Jesus” is fraud.
@@E.Carrillo He did in Jesus' name. Nobody's saying that Jesus was complicit in the act! In fact, it would just be one in a long string of illegal/immortal actions performed by people falsely claiming to have Jesus' approval.
Isnt it binding once he signs and verifies?
This guy sounds like a troll. Just someone who likes to stir up trouble, the bigger the better. Hope he gets sued to oblivian.
I would not be remotely surprised if he turns out to be a Social Media "Prankster"
For 3000? Nah, the amount is too small. It has more of a chance that it goes to and wins in small claims.
Hit the keyboard with my elbow and make a lawsuit fall out of my Computer😂
That's quite a flex 💪😂
AKA "thin elbow syndrome"
@@JamesQMurphy Agreed, a little too much of a flex. I've found the opposite to be true-lawyers try to scare people and threaten to sue them when they have zero case. They're fishing for settlement.
According to your ending quote, my golf game is EXCELLENCE! Haha yes!! And here I was calling it Trash.
I seldom pay eatery bills with plastic, but if & when I do, I always pay the tips in cash.
I'm not saying that is a bad idea. But I am saying, I never have any cash on me these days.
As a former server, it is the way. Thanks ronw59 for tipping properly.
@@fredfinger7092 You really have no reason to believe that the server will get the whole tip, or any part of it. There's also a fee for processing the charge, and it's a percentage that the server doesn't get, yet the amount of the tip is reported income.
@@chillnophone2024 If the server wants to split the tip with other staff, kitchen, busboys, etc., it's their business. But I don't want a paper trail that could come back to bite the server or that management feels they are entitled to a share of.
I did this always, until a pizza place added a tip after the fact, then I stopped. $30 for two slices of pizza, was a bit off. I didnt bother to dispute, I just never went back.
Back in the early days of credit cards, you had to phone and get approval from the company for any transaction over 50 bucks. They gave you a confirmation number and it was their problem from there.
I seriously hope the dude has to pay the $3k, plus court costs, plus lawyer fees, plus emotional damages.
Emotional damages?
@FrankYammy It wouldn't be tons but more than the amount if he just did nothing. The waitress who got the tip would have made plans for that money once he confirmed it was legit. Say they were in debt roughly $3k and the weight of that had suddenly been lifted. Then that suddenly ends. That counts as emotional damage.
Emotional damages? the lasy got the money... the employer is the one thats out right now
@@gscurd75 the waitress got the money though, its the restaurant that lost $3,000
Protect the owner if the restaurant. He is the one with all the cost of running a business in today’s economy !
'Tips for Jesus' makes me think he was told by his tax preparer that he couldn't include this 3k in his itemized deductions for tithing, which is deductible.
Spend $2100 to save $900. How does that make sense? (Assuming 30% bracket)
@@mikam8801 It can make sense if he's still at least somewhat generous and/or enjoys likes he might get if he posts about this on social media, but he isn't so generous that he would be willing to pay a sum that large 100% out of his own pocket (possibly after some reflection).
@@mikam8801think about the subject matter. The guy in the story is probably not a person that thinks rationally.
I’m glad they didn’t take it from the waitress.😊
There are no coincidences, youre awareness gets expanded
May he absolutely get the attention he 'Deserves'
A tipping point about the practice of tipping, truly.
Just glad they aren't suing BECAUSE of the tip.
I wonder if the words three thousand dollars was stated in the confirmation conversation… if he meant to leave 30.00 and left the decimal off that still for the sake of conversation would have constituted “an unusually large tip” which he could have confirmed. Only upon receiving the credit card bill would the mistake have been more clearly spelled out.
Ben standing on end at right side of bookcase in front of New York license plate
Is that a thing? Like the stuffed animal at Trader Joe's?
Reflects one of the many challenges of credit card agreements businesses are forced to sign.
With a credit card transaction you have to sign the receipt in most restaurants.
That would make it a binding contract,right?
Not only is the restaurant out the $3k that they paid to the waitress, but since it was wages/tips earned, they also are out the income taxes that they had to pay on that large amount. So, it actually cost them substantially more than the $3k and they should be suing for that as well.
They can get the money back from the waitress and adjust the tax payment.
But they won't have to. They're going to win this one easy.
The inicome and SS taxes were deducted from the $3k they paid to the server. But yes, the restaurant would be out their half of the SS taxes. So, due to the bad judgement of the customer, the total loss to the customer could approach $4,000 to include the reataurant's 7.5% share of the employees SS tax, CC processing fee and other fees..
Couldn't this guy also face criminal fraud charges? Pretty sure it's illegal to report a credit card charge as unauthorized, if it was in fact authorized.
Such a Relevant content! As there are many who try to look good both in cyber space and real life, Sadly they’ve forgotten their Ten Commandments and use legal or unethical loopholes to break their promise and get a kick out of feeling smarter than their victims! Thank you ❤
"Love your neighbor less than you love your money. Love the credit card debt your god with all your passion, your paycheck, and your greed."
I could be mistaken but I believe that’s a direct quote from 1 Satan 1-2
@@thads6192 😂😂
@@thads6192Satan wouldn't have disputed the charge.
@@jonpopelka Good point! He would just ignore the bill when it came in.
Heavy
"Hey, I'm through painting. By the way, that's a Mercedes, not a Porch."
A few will know...
😂😂
hahaha, I thought I was the only one
big ooops.
OLD joke...
Do credit card companies allow for disputes simply because someone changed their mind? None of mine do.
If someone left a $3k tip in my restaurant, for anything less than a wedding reception, id refuse it. This is exactly why. Anything more than a hundred or two (which is already very generous and would still be very appreciated) is either doing it for the wrong reasond or possobly not in the right mind. Unless your diner is dropping $3k on meals and drinks, a $13 meal with a $3k tip is just blinding red flags
depends, if the person walks out to a very expensive car, it known to be wealthy etc, then 3k may be on the up and up
Take it and allow the owner to work it out. Be ready to return most of it if thst is how it plays out
Well it depends on how rich the person is leaving the tip, if it's Bill Gates, or Taylor Swift or some other billionaire then $3k is nothing to them and the tip amount is believable
I think there might be other issues here as well. The waitress must pay taxes on the 3000.00 because the tip is electronic and traceable. The restaurant has to report that on the waitresses w2s. It will be worse if the restaurant is one where they only pay so much an hour and you make the rest up in tips.
Which is why the manager discussed it with him.
The credit card company should not have approved the dispute after contacting the restaurant.
Super interesting case. Thanks for explaining it Steve.
All tips should be paid in cash
they shouldn't even be tips, tips are taxable and the god most people call government doesn't deserve any of it. Give gifts, not tips.
A nails shop I go to tell the customers that they prefer cash tips. So, I comply with cash tips.
@@SusanHolbert It's possible that some cash tips aren't being reported as income. I believe that the IRS presumes that 8% of a tipped employees sales are considered as tipped income unless documented otherwise. If you document to your employer that you received less than the 8% in tips, your employer has to make up the difference.
From the title of the video I felt angry at the restaurant but from the story I felt it toward the customer.
That "so sue me" was probably just a throwaway line he wanted to dismiss them with 🤣
Please. When I tip 35% my credit card issuer messages me to confirm it. No way they didn't check with him on that amount. How can he dispute that charge? What a piece of excrement.
It very much depends on card issuer
So something like this happened to my sister once turned out her card had been hacked. She was too nice a person to take away the tip but that can happen and I think if the tip had been that much my sister would have disputed it.
They text you right? You don't have to respond. You have until 30 or 60 days after your statement arrives to dispute anything.
@@blairhoughton7918 Depends on the card. One texts me right away, and I have to reply to authorize it. Another one emails me when the charge comes through (usually a day to three later). The email says, not an exact quote, "if you intended to pay this amount, you do not need to take any action. If you did not intend to or this is not your transaction, please reply." This is when they consider something "unusual" like a large tip or a place far from my address. For a "normal" transaction they don't do it, so in that case I would assume your time frame would apply.
@@blairhoughton7918
I thought you only had 30 days to dispute a charge?
Steve, its not a porch, its a Porsche! And there was enough paint left over that I painted the Ferrari too!
That's not how the joke goes 😂
They were supposed to paint the porch. But when the people got back, they said they got the painting done.
Oh, and by the way, that's not a porch, that's a BMW 🤣
It's a Mexican contractors joke, so the accent helps 👍
... Least that's how I remember it from 5-6 decades ago
Old joke, but still funny!
I wouldn’t want anyone to do a $400 paint job on my Porsche, assuming I had one.
How do you paint a borch?
@@genxx2724 You can put lipstick on a pig, but at the end of the day it's still a Porsche.
I have been working for myself on the side for many, many years. About 25 or 30 years ago I did a small job with signed contract and work order for a total of $90. I had 3 backup letters requesting pay with the last one sent certified mail with return receipt. The customer said "sue me", so I did--in Small Claims. At the time suing in Small Claims cost $100 however ALL judgements in Small Claims included court costs, attorneys fees, miscellaneous fees, etc, automagically (and I also had that specifically stated in our contract as well). He paid AFTER he was served and before trial. Now it cost him over $190 (cost for Certified Mail).
I once had a tip changed to a fraudulent tip by the restaurant. They added one zero to my $5 tip to change it to $50 and I was saved because I took a photo of the receipt before I left. My credit card would have denied my fraud claim if it were not for the photo I took.
No they wouldn't, I wish that was true as a business owner but we are basically powerless against disputes in America
This is why in Canada your card never leaves your possession. It is highly, highly unusual for a server to take your card to the till to run it.
Instead they bring out a little pad where they swipe it, you confirm the amount, then enter your PIN.
I'm told they don't do this in the US.
@@hoolihanohoolihan1011
From my understanding they usually always side with the buyer. I know this because I have sold things on Ebay before and Ebay will always side with the buyer over the seller in a dispute even if the buyer has proof that the package was sent with tracking number.
@@justinwhite2725 Some places in the US have started doing it that way. Some even have a purpose-built 'tablet' of sorts that stays at the table so you can order dessert and pay without having to wait for someone to come over with the check. I'm with ya, it should be that way at every restaurant.
@@justinwhite2725it wasn’t all that long ago I’d give my card to start a tab, or leave my card in the folder.
People over react to the smallest changes life. When the debit cards first came out, people were scared to use them in retail stores thinking we could see everything in their account 😂
Don't forget that the customer signed the merchant's copy of the receipt.
probably made an unreadable signature that didn't match id
My first thought was "sued for leaving a large tip.?" Then I heard the story. I believe when he said yes I want her to have a $3,000 tip that's a verbal contract.
Also what's this about eating Tide pods.? Wouldn't that be poisonous.?
*Last time I checked, committing fraud was a crime...*
Honestly, "fraud" in regards to this case would be EXTEREMLY HARD if not impossible to prove. Here all he has to argue is that he was intending to be "generous" by leaving a $30.00 tip on a $13.00 bill and he was distracted or something and accidently put what appears to be a comma after then 3 rather than a point after the 1st zero. Unless you can go back in time and read minds, there is no way to disprove that, should it be his argument.
This assumes that he wrote $3,000 and not $3,000.00 which honestly, I've seen many people do, omit the zero's that would be after the point and not put the point.
@CJ-ty8sv Recently, I had a $77 bill and I tipped $33 to make it an even $100. Wrote “$100.00” as the total. I obviously meant $23. Credit card dropped for $110. They don’t pay attention to the total when punching it in. Could be he wrote “3000” and the decimal was light or missing, they asked him, “Did you really want to leave such a large tip?” And he responded, “Yeah, for J-man!” Thinking he was tipping $30. We need to see the signed receipt because everything else is conjecture.
Steve, I know you cover a lot of different legal topics, and I was curious if you could talk about how it seems like the court system doesn’t have rhyme or reason. I constantly hear about judges coming to different conclusions using the same set of facts and I wonder if judges are to be so esteemed in our legal system, why can they not agree? They generally do agree and these are just the outliers?
In India you cannot add more than 15% of your bill amount as tips when paying by card. If the guest wants to pay more then he will have to do it in cash.
On that note, what is the appropriate tip for a Tide pod ?
A soul😂
if they ran out and asked him if this was what he wanted to do and he said yes then he's SOL not a mistake Jesus would never take back a tip....
That's what's sad -- they did their due diligence to preclude this result from coming about, yet they still got the poop end of the stick. The guy must think "SOL" shines out of his butt!
It might come down to if the restaurant can prove that he authorized & confirmed the charge .
And you're taking their word that they actually did it?
@@KenLieck Ok maybe he meant $30.00 and the comma was in the wrong space he could argue that MAYBE.......
@@Mouserjan0222 That was my first thought before the story continued to state that they verified his intent etc.
Happy to see the restaurant didn’t try to claw back the tip from waitress.
I seem to remember this story. If I remember correctly, all the other employees of the restaurant wanted a piece of the $3000. Also, the restaurant said they had to pay a percentage of that money to the credit card company, like 15% or something, and they wanted her to cover that amount. The situation became so bad, the waitress lost her job. And the man, was so upset at how the restaurant and all the other employees treated her, he changed his mind and disputed the charge. He said he was trying to do a good thing and it all ended up in a mess.
I don't know if this is the same story, but I remember reading about this a while back.
If he was trying to do a nice thing, he would have split the tip up and helped everybody, but $150 for each person isn't as headline grabbing as a single $3000 tip.
Since this was for social media clout, he took the worse option, and it ended badly.
@@bluedistortions How one even knows how many people are involved when tipping for a meal ?
Yeah, sounds somehow familiar ....
15% is a very high merchant bank fee, like unbelievable. Was the restaurant trying to get a cut?
It's mad to me that they can just rip the funds from your bank account with a chargeback, and that isn't theft
Any updates?
The Restaraunt staff did all their due diligence to confirm this guy wasn't drunk, high out of his mind, or mentally ill.
He absolutely should pay it and I hope the trail errs in their favor.
I hope the trial errs in their favor, too.
"I can hit my keyboard with my elbow and a lawsuit will fall out." LOL!
What are 500 lawyers at the bottom of the ocean? Answer: A start.
You are so interesting in the way you discribe your cases
Look out, Steve. Now that you've explained the concept of promissory estoppel, look for pervaloon Chilito to pick this up and incorporate it into one of his hilariously unhinged appeals.
Steve always proves there is always more to the story than the headline.
Why the hell aren't we using that Promisary Ostople(?) to sue politician?
About the restaurant confirming the tip amount, I wonder if they actually confirmed the 3000 or asked if he meant to leave a large tip. Reason I wonder is I left a 50.00 tip for a small meal, and was asked “are you sure you are ok with your tip” the actual amount was never brought up in the confirmation. So what if this man meant to leave a 30.00 tip instead.
You might be right, but that is an assumption. $30.00 would have been an excessive tip for a $13.00 meal. It's hard to believe that some one would write 3 000 when he meant 3.00. In cancelling the card entry he also cancelled his payment for the meal, surely then it was his responsibility to contact the restaurant directly and explain that the tip was an error, pay them for his meal and give an appropriate tip? I don't know whether that would get him of the hook but ignoring it is not a good idea!!
I am in England. I was working away and alone. I went for a meal at a restaurant and left a cash tip. I paid by card for me meal. Now this was 30 years ago and I only had a £5 note in my wallet so I left it for the server. She saw it, went mental and shouted "What do you want from me, I am not going to sleep with you". I swear this is 100% true. My dinner bill was £30.00 so @ 10% I should have only left her £3.00. I left and never went back. Way before phones with cameras and social media of any modern sense. I was humiliated in public because I didn't have the correct change for a tip. I will never forget it.
Unfortunately one encounters mental health problems everywhere we go. Hope at least the meal was good!
You’re not required to leave a tip in England, how did you come up with 10% 🤔
Tipping is rare in British restaurants, and not at all expected. And even thirty years ago, five pounds wasn't much money, so I can only assume that the waitress was either joking (though if this was the case then I am sure you would have noticed) or perhaps she was really flustered (and maybe thought that you were being sarcastic) and wasn't thinking straight. It was really strange, anyway.
@@anthonyg4671 my understanding (american who spent 3 months in England a decade ago) that 10% is the standard for service tips in a restaurant
@@catherines.169 but it’s not a requirement so I wonder where the 10% came from , I wasn’t thinking lee was making it up .
Promissory estoppel was from a time when people had integrity.
Why the hell aren't we using that Promisary Ostople(?) to sue politician?
@@Behindthecurtain-s1o because that could lead to actual justice, and they can't possibly allow that. /s
@@Behindthecurtain-s1oWho says you can't? But you'll have to explain how you believed them when they said they would do something, when you know they don't have the power to do that thing alone and can't make promises that others will go along with them.
I.e. their promises are empty by default. The promises are rhetoric designed to imply that they agree with your goals. And you can't expect a result. So there's no actual promise made, you're just imagining there was. You're deluded, not defrauded. So there's nothing to sue over, even if they end up voting the other way every time.
But their lawyer might not be this bright, so you might try. Be a heck of a thing if you won.
Steve, you should start posting links to the stories in your descriptions
Anyone that feels the need to document a good deed, seriously needs mental help
If I was a restaurant owner I would never accept a tip that large on a credit card. Cash only if you want to do something like that.
EXACTLY!!! That amount is a GIFT, NOT A TIP!!!
As a vendor to the industry, I agree. In fact, most Point of Sale systems have an option to limit a tip percentage, more to prevent fraud. Also, when someone leaves a tip that big, the credit card fees become a real thing. The tip may be $3k, but the restaurant is only getting $2900.
It could just be gift regret. In the heat of the moment of feeling generous you do something that isn't financially sensible, and then later when the high wears off you start to have regret. I have done something similar at Christmas time.
@@dragons_red Did you go and demand people give you back the gifts?
I agree. Its unfortunate because I've heard of the group that does these large tips. Leave it to the one bad apple to spoil it for everyone else.
I don't why the restaurant had to sue. When you file a dispute through your credit card the merchant has the chance to submit whatever proof they have that it's a legitimate charge
That porch-painting hypothetical is simply an oral contract: there's offer, acceptance, and full performance by one of the parties. No need for promissory estoppel there. A more realistic promissory estoppel situation would be something like:
A homeowner messages a contractor online and says, "If you paint my porch tomorrow, I'll pay you $400"; the contractor decides to forego a different job he was already scheduled to do in order to take on this new job. The next day, he travels two hours to reach the man, ready to do the work; however, the man now says, "I changed my mind." The contractor never formally accepted the offer, but he relied on the homeowner's promise to his detriment (by forgoing the existing job and shelling out for travel expenses). That's a promissory estoppel situation.
This actually happened at my restaurant 3 weeks ago. 😂
Sadly, the server ended up paying $700 back to the restaurant.
I give this restaurant much respect for not doing that or accepting the gofundme. They're holding the appropriate party accountable.
@@kevinmach730 100% agreed!
This is totally a concession to being nosey, but I do wonder what made this guy go back on his word.
@@nathanaelstricker9056 You aren't the only one that is curious. An extremely shitty thing to do either way, when they literally follow you out to the parking lot to ask you if you meant to leave a tip that large!
you shouldn't work there anymore with that kind of leadership. they're just as bad as this guy in the article
Don't they pay taxes on that tip?
So didnt she end up losing money on the deal
I can get a lawsuit to fall out of my computer. Best Lehto line to date. 😂
The credit card company should not have allowed the customer to win the dispute if the facts are as stated. Changing your mind is not a valid reason to win a credit card dispute.
That’s been my experience. The credit card company would notify us that a charge was disputed by the customer. We then had 10 days to respond. Since the charges were usually for >$500 for annual dues and not merchandise, we always sent written documentation and a letter of explanation. That’s what should have happened here, especially since it apparently disputed after more than 30 days.
You don't know what he told them. He probably lied and said the charge was fraud. A customer service agent looking at a $3k charge tip on such a small bill would assume the customer is telling the truth and do a charge back.
Some credit card companies side with their customers and do charge backs with zero investigation.
@@Vincent_Beersbut they got his ID... So hard to claim fraud.
Saving this
@@Michael_Courtney He could just claim ID theft and that does happen. But anyway, all these records will be subject to subpoena and the restaurant will easily win if that is what came about since his credibility will be shot. Additionally, a civil judge can refer the matter directly to the prosecutor's office for investigation into criminal fraud.