Theft at 8UP

I struggled with posting a review here but after a lot of thought I feel that it's necessary. I was at 8UP on Saturday of this past weekend. I was visiting with a friend for his birthday. After having a few drinks it was time to go. I got my tab which was $41.34 and I immediately gave the server my debit card. I just so happened to check my checking account this morning and there's Charge from 8up in the amount of $116.32. I checked the website to get the hours and called them. I spoke to Daniel who identified himself as a manager and I gave him my information including check number, server, and everything else he asked for. Daniel advised me that the office manager would call me by 10 this morning and he apologized for the "inconvenience"…meanwhile 10 o'clock comes and goes and there's no call. I tried calling several times throughout the day only to get the answering machine. Around 3 o'clock I finally got a hold of Jillian and explained the situation to her and gave her my information. She said she would make sure it was taken care of but the first shift staff aren't very efficient. I waited on Jillian to call Kevin back as she said she would but no call from her either. I decided to go straight to 8UP after I left work. I got there and spoke with a manager (I didn't get his name) but u explained the whole situation to him and gave him my information. I sit at the bar for about 20 minutes while "they" are looking for my signed receipt from Saturday. After waiting 20 minutes the manager and Nancy come out. Nancy tells me that the server overcharged me. I asked how she could overcharge someone by $74.99 and I asked if someone checked the tabs for things like that. Nancy tells me that they can't locate my signed receipt and the server said someone had walked out on "their" check. I asked how that could possibly affect me since I paid my bill. Nancy couldn't provide me with any answers to my questions only apologizing for the error. Although Nancy apologized and said she would reverse the charge from my card she said she hasn't spoken with the server to get her side. The server (Sarah D) should not have a side as I have my unsigned receipt and she charged me for someone else's bill after I paid for mine. Nancy said this would result in disciplinary action for the server which I still don't think is enough. I'm sure if I walked out without paying my bill I would be arrested and have charges pressed against me. This wasn't my first time dining at 8UP but it was definitely my last! I have been inconvenienced throughout the day.

[Robin Garr]

Thanks for posting here as well as on our Facebook Page, Nikki. I'm sorry you had this frustrating series of events, but glad you did the right thing by pursuing it with management first, then going to social media with the details. I hope this is all cleared up to your full satisfaction, but it had to be mega-frustrating, not to mention taking a day of your life that you'll never get back.

What do you restaurant experts think about this? Is there any practical way a restaurant or bar can avoid getting into this kind of mudhole? What's the best course of action from the restaurant's standpoint?

Good example of why you should always use a credit card, not debit card. One call to the bank to dispute the charge and you don't have to worry about it.

Not sure of all the other details, but generally when this happens it is an actual mistake -- there's not much benefit to anyone to overcharge someone like this. It's going to get caught, and unless that 70+ went on the tip line, it actually hurts the server (he or she has to pay more taxes on the "likely tip").

Now, if you said they'd charged an extra $5, I'd say it passes the sniff test for someone trying to cheat ya.

This has happened to me before (several times actually). I never bother calling the establishment; I dispute it with the bank and let their fraud department handle it. Hopefully when the business gets a chargeback they'll be motivated to look into it.

As far as the restaurant's explanation, it all sounds a bit sketchy. If the customer has a receipt for a $41.34 charge there would have to be a second charge run through for the additional $74.99. The only exception would be the added tip scenario Adam mentioned. If that was the case the server should be let go, because if they did it once they'll do it again. If they did it to keep from having to cover a walkout, I'd re-examine that policy. A restaurant that does that would likely argue the server should be watching their tables, but they can't be on the floor 100% of the time. I don't agree with trying to pass along the risk of running a business onto the back of a person making a server's pay.

The restaurant should void the charge, entirely, and eat the $41 check. What they do with the server after that is really up to them, but I am thinking some disciplinary action should be taken.

Could be an honest mistake, could be sketchy, hard to say. As stated above, unless the $75 went on the tip line, the server only benefits from doing this if they are responsible for paying for dine and dash checks.

But all should be made right with the patron, swiftly and without issue, to ensure that the patron feels comfortable returning to the establishments, albeit perhaps with a different server...

What nobody has mentioned so far. No matter the facts of who screwed up, why didn't the management call the customer as promised? No possible reason that the customer should have to make a special trip. That alone is enough to take the place off your list.

Also, I do agree that I think it is best to use a credit card instead of debit card.

The fortunate thing is that the OP kept their copy of the receipt. Obviously the receipts provided to customers today are not as good as what they used to be because you have to write on both pieces instead of your copy being a carbon copy of the original. That's obviously one of the reasons I don't like the way receipts are done today. However since she had the receipt in hand for the original charge it was very obvious that she wouldn't be leaving a tip of the $74.99 that was included in the total for the charge. Someone else had mentioned if the tip was bumped up by $5 you really wouldn't have much recourse because you couldn't prove that the tip wasn't larger than what you remember because you really have no proof of what tip you left.

As mentioned, for me the problem of management not calling back after leaving several messages is just as much of a problem as the overcharge. In fact, it probably will make me move this restaurant a couple of notches down on my priority list of places to go.

How many other people would really like to have a true copy of the signed receipt instead of just a copy of it without signature etc.?

I don't want to start a separate thread for this so I'll just threadjack.

I had a shady experience at Nachbar the other night. I ordered a couple of drinks, the tab coming to $14. I handed the guy a $20 and he paused as if he was waiting for me to say "Keep the change". Well... I didn't. So he makes a move over to the register and comes back almost instantly saying that he needs a minute to get some change. I said "OK" and turned to a friend to talk. When I look back I have been left four singles as change. I question the math and am told a mistake was made.

Needless to say, he got $2 instead of $3.

It would be pretty brazen for a server to overcharge someone that much as theft, as most customers are going to catch that quickly. Especially if they didn't put it on the tip line, then there would be zero benefit for them to overcharge you. Seems kind of strange...maybe an honest mistake on their part.

As someone else mentioned, there are a lot of benefits to using a credit card when you go out. I use a Capital One Quicksilver because it has a good cash back bonus...but on top of that i get an email alert if there is any shady activity (which i'm sure plenty of other cards do too). We actually went to the W Atlanta for some drinks before the UL/Auburn game a few weeks ago...few days later I get an alert that the bartender apparently decided to tip himself like 50 bucks.

Any time I have ever had any shady activity on one of my credit cards, they have been quick to take my side and fix it.

How many other people would really like to have a true copy of the signed receipt instead of just a copy of it without signature etc.?

Me! I miss carboned receipts.

[Robin Garr]

Me! I miss carboned receipts.

Luddites!

I'm looking in the other direction and hoping that the technology embedded in Apple Pay will bring us at least closer to European credit-card security standards.

Cash is king.

Cards are a rarity for me to begin with. Too much weird temptation to charge it. Also when I was serving tables I dug cash tips way more, so I try to pay it forward when possible.

Stay liquid my friends.

Me! I miss carboned receipts.

Luddites!

I'm looking in the other direction and hoping that the technology embedded in Apple Pay will bring us at least closer to European credit-card security standards.

I certainly appreciate and enjoy using technology as much as you do Robin but this is one of the cases I'm not so sure about it. If you don't have a hard copy receipt in your hand showing the total amount of the transaction it's hard to prove your side of the story in case of a dispute. New payment technologies certainly make things easier and quite possibly more secure (this is yet to be proven) but records are also very easy to alter and thus having indisputable records to prove a case is almost impossible.

Hard receipts have never been a foolproof way to protect yourself. You're able to re-print checks on almost all POS systems (or were, back in the day). I knew a fellow who did that exact thing, would put the signed receipt underneath the duplicate printed one, copy the signature, put a fake line on it, then put a fake tip amount on. Even for the system which said "duplicate", he just said the original got lost.

Criminals gonna do crimes, one way or another.

/yeah, he got fired
//hope he went to jail, never did followup