The Oregonian | By Aimee Green | March 17, 2018
Grand Central Bowling has agreed to pay $40 to each of its customer who were — unbeknownst to them — charged a 2 percent fee for their food, drinks or bowling games.
Portland consumer attorney Michael Fuller said the bowling alley on Saturday agreed to settle a class-action lawsuit filed last November by a customer who only noticed the extra 2 percent tacked onto his $20 dining bill after an employee handed him his receipt.
Even though the fee amounted to only 40 cents for customer Kevin Mehrens, he didn’t think it was legal. That’s because he didn’t see the fee announced to patrons anywhere in its downstairs bar or on bar menus next to the bowling lanes.
Mehrens, a civil attorney, hired Fuller to represent him and an entire class of customers.
Fuller said the amount Grand Central Bowling will pay customers — $40 — is many times more than each customer was overcharged. That will amount to 100 times what Mehrens said he was overbilled.
“I think it’s a fair result,” Fuller said, adding that the extra dollars are meant to compensate customers a little something extra.
Fuller said an estimated 1,000 people are expected to file claims for the settlement money.
To receive the money, customers must have patronized the bowling alley from July 1, 2016, to Nov. 22, 2017. If the number of people seeking a settlement exceeds 1,000, the money each one receives will be reduced proportionately — so Grand Central Bowling will end up paying no more than $40,000 to customers.
A woman who answered the phone Saturday at Grand Central Bowling said no managers would be available to comment until Monday. A representative for Concept Entertainment, the company that manages the 12-lane bowling alley, couldn’t be reached Saturday for comment.
The Portland-based company also manages eight Thirsty Lion pubs in Oregon, Arizona, Colorado and Texas, according to its website.
The bowling alley is at 808 S.E. Morrison Street in Portland.
Visit underdoglawyer.com/grand-central-bowl/ to put your name on the list. You must attest that you were charged the 2 percent fee, but didn’t know about it beforehand.
What proof do customers need, if any?
If you paid by credit or debit card, you will need to provide the last four digits of your card number. Customers who paid with cash will need to describe what food or games they spent the money on, and the approximate date.
How will they know claimants are telling the truth?
A claims administrator will review and vet claims for fraud.
Fuller said that although the fee wasn’t announced throughout the Grand Central Bowling building, it was adequately advertised in the dining area — on little slips of paper scattered across tables. The slips explained that the business was trying to “offset the rising minimum wage in Oregon.”
Oregon raised its minimum wage in July 2016 and then again in July 2017. In the Portland area, the hourly wage most recently jumped $1.50, from $9.75 an hour to $11.25 an hour. In response, some businesses raised prices while others added surcharges to customers’ bills to help cover higher payroll costs.
Fuller said his law firm received calls from customers who they thought they were being charged “hidden” fees at various businesses. That included a Lake Oswego restaurant and a Portland restaurant headed by a James Beard Award-winning chef. But Fuller determined those businesses were giving patrons proper notice.
Fuller said the fees are legal under Oregon’s consumer laws as long as customers are notified beforehand — even if it’s just one line on the menu.
Fuller said Grand Central Bowling was the only establishment that his firm found was misleading customers. Fuller said Grand Central Bowling is now advertising its 2 percent surcharge throughout its business. It’s online dining menu also notifies the public.
As part of the settlement, Grand Central Bowling is responsible for paying attorneys fees that haven’t yet been determined; the cost of tracking down past customers through their credit card records; and the cost of paying an administrator who will vet claims that might have been filed by people who weren’t customers of the business.
Grand Central Bowling also has agreed to throw bowling parties for three alternative Portland schools: Rosemary Anderson High School, Carpe Diem Education, and Fir Ridge Campus. Fuller said he volunteers at those schools.
In addition, Mehrens, who filed the class-action lawsuit, could ask a judge to order Grand Central Bowling to pay him up to $1,500 for his work as class representative.
https://www.oregonlive.com/portland/2018/03/grand_central_bowl_will_pay_ba.html
