Santa Barbara County District Attorney’s Office warns of hidden fees from local restaurants

SANTA BARBARA, Calif. – The Santa Barbara County District Attorney's Office is warning consumers of hidden fees tacked on by local restaurants. The Consumer and Environmental Protection Unit says it has received 5 complaints so far, but warns there could be more in the county.

"So far the complaints we've received are in the city of Santa Barbara, in the city of Goleta, but we also don't really have any reason to think that it would be limited to Santa Barbara or Goleta," said Christopher Dalbey, Deputy District Attorney, Consumer and Environmental Protection Unit.

Dalbey says because an investigation is still ongoing, the District Attorney Office cannot release the names of the restaurants mentioned in the complaints.

The District Attorney's Office says for the food industry, all fees charged for food, beverages, and services have to be clearly stated and visible to the costumer before they even place their order and before they settle their bill. Restaurants are legally required to disclose these fees and charges so that customers are fully aware before they finish their order.

Delbey says the level of cooperation and compliance plays a big factor on what happens next to these identified restaurants.

"We could go down one of two routes. They could get punished criminally with a misdemeanor charge, or we could pursue a civil case," said Delbey. "If it's a civil case, under the false advertising law, the maximum penalty is $2,500 per violation."

Violations of the False Advertising Law can be prosecuted as misdemeanors or as civil violations with remedies including monetary penalties, permanent injunctions, and agency enforcement costs. The California False Advertising Law, Business and Professions Code section 17500 prohibits making any untrue or misleading statements or advertisements in connection with sales.

Delbey says consumers can protect themselves by checking their receipts for any hidden fees.

"I would just advise people to keep your eyes open. And I would also say, if you feel like you've been caught by one of these, sure, you can contact us," said Delbey. "But don't be afraid to talk to the restaurant about it. I mean, if you ended up paying extra money that you don't think you should have had to pay, it's okay to ask for your money back."

If you want to report any undisclosed restaurant fees or surcharges, complete the Santa Barbara District Attorney's Office's Consumer Complaint form available here.