A few things:
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“Rounding up” is insane. I would throw probably the biggest fit in history if this happened. Rounding up on-top of an auto-gratuity is just too much for me to even fathom. Even if I intend to tip out of the change owed to me, it’s still my change. Very often when paying in cash I do not, in fact, tip out of the change owed to me. I like to tip in even amounts (I tip well, and I don’t like to leave coins and such on the table) and actually like to save up coins because I go through a lot of quarters on a regular basis. Either way, my change should be coming back to me.
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I’m not really sure the police will get involved in a dispute over an auto-gratuity. Maybe they will, I’m totally uninformed about the whole scenario. Considering many police officers I’ve spoken to in my life say they never get around to answering their “lowest priority” calls in many given nights, I have my doubts. It sounds like a matter to be settled in a civil court, not a criminal one. I think there is a difference between theft and a disagreement over an ancillary charge. For example, I know from the perspective of renting out places to others, a lot of land lords charge something like a $5 a day late fee on unpaid rent. It says in the lease that at the end of the lease term, this will be applied to the deposit and if it is greater than the deposit it will be owed by the tenant.
I’ve known a lot of other people who rent properties who send out itemized forms explaining why a tenant owes them X amount of money (often we’re talking property damage + accrued late fees which have eaten up a deposit and then some.) In these cases, the tenant refuses to pay 99.99% of the time, the worst that happens to them is a relatively insignificant mark on their credit. If the land lord truly wants to pursue it they have to go to small claims court or something, which just typically is not done.
While we’re talking about a restaurant versus property rental, in both cases you have customers who have agreed to pay for a tangible product but have refused to pay ancillary charges to that product (be it an auto-gratuity or late fees for not paying rent on time.) I can see the cops arresting someone for not paying their bill (as that would clearly be theft of food), but I’m not sure they’d get involved on failure to pay an auto-grat.
