Today’s story will be of special interest to people who have some of the most difficult and often highly frustrating jobs — restaurant servers.
When a customer orders “fish and chips,” what should be on the plate?
The answer for most people: enticing pieces of battered fish filets and French fries, right?
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Well, one seafood chain restaurant is defying expectations — and not in a good way.
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Imagine you have years of experience in hospitality, and this is your first day at a restaurant that specializes in seafood dishes. You were warned by coworkers that how one item on the menu is served has angered guests because, by default, it does not come the way most customers would anticipate.
When ordered at the counter, it does not automatically come with fries, your coworker says. The menu — posted on a wall — says ‘Fish and Chips,’ but it fails to state that unless fries are selected as a side (at no extra cost), it will be served without them.”
A call from upset customers
On a recent Sunday afternoon, a few of my older readers who had just left a Southern California location of this “sustainable seafood” restaurant called me. “Several of us ordered fish and chips, with vegetable sides,” one said, on speaker, “and we wound up feeling like we’d been victims of misrepresentation.
“No one had ever heard of fish and chips being served without fries, but that is what we got. Our embarrassed server admitted this creates a great deal of confusion and upsets customers.”
Another said, “This is like ordering spaghetti and meatballs, bacon and eggs, biscuits and gravy, peanut butter and jelly or any recognized dish that has two or more components, but you get only half of it.”
I called several locations to confirm this
After I did some online research, it was clear this was not a unique situation. To confirm it was a widespread practice, I phoned several California Fish Grill locations around the country and asked, “When I order fish and chips at the counter, what does it come with?”
Answers varied, including:
- “Unless you specify fries from a choice of sides, you won’t get them.”
- “Your fish will be on a bed of salad.”
- “The fish will be on a bed of fries.”
- “You’ll get just fish by itself if you do not select a side.”
“OK,” I said each time, “how do I know that I have to select fries from the sides (in order to get the chips part of the meal)?”
The answer: You won’t unless you’re told, and you might not be informed.
Interestingly, one highly insightful employee said, “You sound like a reporter or a lawyer. If you are, may I call you back?”
I agreed, and he did return my call, at which time he raised other aspects of this craziness. (He requested anonymity for fear of reprisal.)
“Being a server is tough enough without the employer creating a situation where unhappy customers yell at you,” he said. “I am attending law school and wonder if they have ever heard of a toxic workplace suit or a class action, because that is what they are risking.”
He is correct.
The company’s response
I phoned California Fish Grill’s Southern California headquarters and was referred to a very friendly employee in the marketing department who asked that her name not be used, and I always respect such requests.
“Fries automatically come with the child’s plate,” she pointed out. “Guests may select (fries) from a list of sides, and if you place your order from a kiosk, then automatically (the fish and chips) come with fries.”
Somewhat mixed messages, right? And this practice doesn’t take into account research showing that younger customers are more apt to use kiosks to order food, while older people in general say they feel rushed or confused while using a kiosk and prefer human contact.
She had no explanation for why fries were not automatically part of every fish-and-chips order. She said “someone higher up” in the restaurant chain would call me. I am still waiting.
I ran my reader’s situation by Minneapolis business attorney Aaron Hall, who has written extensively about truth-in-menu laws. His first response was, “Dennis, are you kidding me? Is this for real? No way!
“Truth-in-menu laws are intended to prevent deceptive marketing, protect consumers from fraud and promote fair competition within the food industry,” he underscored. “Violations can result in fines, business penalties and reputational harm.
“Restaurants are required to serve what is listed on the menu. Items that have two or more components — such as fish and chips, spaghetti and meatballs, biscuits and gravy — must contain the stated components.
“A restaurant whose menu lists fish and chips, but when served, by default, comes without the French fries unless a customer specifically orders them would be deceptive and subject to civil lawsuits and potential criminal penalties, depending upon the jurisdiction.”
Stephen Barth, attorney and professor at the Conrad N. Hilton College of Hotel and Restaurant Management at the University of Houston, had a two-word reply to my question: “How would you describe this nonsense?”
“Rather deceptive,” he said.
A class-action superior court judge’s opinion
A longtime friend of this column, California Superior Court judge “Tony,” who has presided over class-action lawsuits, commented, “Not only misleading, (but it) could amount to false advertising and also would be considered as unfair competition. If the economics worked out, we could be looking at a class action. This is an insult to customers.”
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Finally, one comment sums up this craziness, from Las Vegas-based Eric Barth (Stephen’s brother), who designs restaurants and food halls. “I don’t understand what they are accomplishing by this. The confusion alone when guests are served probably makes the service team and management crazy. Sometimes people in my business never fail to amaze me.”
What you can do if you encounter an issue like this
If you are missing an item from a restaurant meal that you feel should have been included (such as the “chips” portion of “fish and chips,” here’s what you can do:
- First, don’t take out your frustration on the servers. They only work there.
- Do not eat the food until the issue is addressed. If the server claims the item is an extra charge, politely point out that it is shown on the menu, which implies its inclusion. A reputable restaurant should provide it at no extra cost to maintain good customer relations.
- If the server insists on charging extra, ask to speak with the manager or owner. Most will try to resolve the issue to ensure customer satisfaction and avoid negative reviews or complaints about false advertising.
- You are not obligated to pay for an order that was not as described or to which you did not agree. A reasonable approach is to pay for what you did consume and deduct the price of what was missing.
After all of this, I feel it’s important to point out that California Fish Grill has earned the praise many customers give it. Aside from this fish-and-chips controversy, the restaurant’s food is excellent. In fact, it has become part of our weekend routine: California Fish Grill for lunch, followed by a visit to Aldi.
Let’s just hope that management wakes up before local district attorneys and state attorneys general wake them up.
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
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This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.
