The state claimed the two restaurants were in violation of Arizona’s consumer fraud act.
The Attorney General’s office opened an investigation into the restaurants in May 2022 after receiving complaints that the restaurants were adding a 3.5% “EMP Benefits” charge to customers when paying for their meals, Arizona Attorney General Kris Mayes said in an announcement of the settlement agreement. The charge was not disclosed to customers before the bill was presented to them.
Rather than take the matter through the court process, the two restaurants agreed to a settlement with the state. “The public deserves transparency when dining out, and that includes knowing the total cost of meals before ordering,” Mayes said in a statement. “This settlement sends a clear message to restaurants that they must disclose all add-on charges on their menus, so customers can make informed decisions.”
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