La Favorita Taqueria

Review: This restaurant is charging surcharge fees as a tip included in the bill. This breaks Title 1.3. Credit Cards - California Civil Code Section 1748.1 which says 1748.1. (a) No retailer in any sales, service, or lease transactionwith a consumer may impose a surcharge on a cardholder who elects touse a credit card in lieu of payment by cash, check, or similarmeans. A retailer may, however, offer discounts for the purpose ofinducing payment by cash, check, or other means not involving the useof a credit card, provided that the discount is offered to allprospective buyers. (b) Any retailer who willfully violates this section by imposing asurcharge on a cardholder who elects to use a credit card and whofails to pay that amount to the cardholder within 30 days of awritten demand by the cardholder to the retailer by certified mail,shall be liable to the cardholder for three times the amount at whichactual damages are assessed. The cardholder shall also be entitledto recover reasonable attorney's fees and costs incurred in theaction. A cause of action under this section may be brought in smallclaims court, if it does not exceed the jurisdiction of that court,or in any other appropriate court. (c) A consumer shall not be deemed to have elected to use a creditcard in lieu of another means of payment for purposes of thissection in a transaction with a retailer if only credit cards areaccepted by that retailer in payment for an order made by a consumerover a telephone, and only cash is accepted at a public store orother facility of the same retailer. (d) Charges for third-party credit card guarantee services, whenadded to the price charged by the retailer if cash were to be paid,shall be deemed surcharges for purposes of this section even if theyare payable directly to the third party or are charged separately. (e) It is the intent of the Legislature to promote the effectiveoperation of the free market and protect consumers from deceptiveprice increases for goods and services by prohibiting credit cardsurcharges and encouraging the availability of discounts by thoseretailers who wish to offer a lower price for goods and servicespurchased by some form of payment other than credit card. (f) This section does not apply to charges for payment by creditcard or debit card that are made by an electrical, gas, or watercorporation and approved by the Public Utilities Commission pursuantto Section 755 of the Public Utilities Code.Desired Settlement: I would like a billing adjustment as well as for this to completely stop.thanks