Woman buys two beers for $16. Then she checks her bank statement and claims the server added a $50 tip.

A woman has accused El Jardín on Clark Street in Chicago of scamming customers. In a TikTok video, Eve (@eve.thegemini) claims she ordered two Coronas at the Mexican restaurant and left a $4 tip on a $16 bill. Later, when she checked her credit card statement, she noticed a $50 charge, which she alleges may have been added by the bartender as an unauthorized tip.

Eve said she called the restaurant to demand answers, and the bartender appeared to recognize her. He brought up the $50 tip, and she clarified, “I hadn’t authorized it.” When she returned to request her receipt, the bartender reportedly said they couldn’t locate it.

The situation became more complicated when the bartender told Eve she could call the manager the next day, but refused to provide his name. Based on her experience with the server, Eve argued in her comments, “They’re literally scamming people. Do not go there or pay in cash.” As of publication, El Jardín has not addressed the allegations.

No updates yet on whether she received her $50 back

In a later video, Eve showed the receipt but didn’t say how she got it. The receipt listed an $18 base charge and a $0.72 debit/credit fee, for a total of $18.72. In the tip section, someone had handwritten $50 in pen, bringing the total to $68.72.

However, after reviewing the receipt more closely, Eve said, “This was not the case.” She also pointed out, “I hadn’t signed the receipt,” which she believed served as “proof” for her case. Eventually, she said the server told her she would get the $50 back. It remains unclear how the additional charge was added or by who.

Viewers in the video offered advice on how to avoid the alleged overcharging on the receipt. One commenter wrote, “In case anyone wasn’t aware, restaurants have to keep signed tip receipts for 90 days in case of disputes. If they can’t provide a copy, they lose the dispute. If they can’t provide a copy that matches the charge, they lose the dispute. Enough disputes and they will lose the ability to charge that type of card at all. If a restaurant does this to you, dispute it.” Another chimed in, “Dispute it with your bank and file a police report about the theft. The police report will force the manager to get rid of the thief.”

According to an article in The Takeout, servers generally may not add tips or service charges to a bill without informing the customer beforehand. The article advises that customers should report such incidents to the appropriate authorities, as Eve reportedly did.

Ryan McCall, a principal attorney with McCall Sweeney & Silva, told Newsweek that “most states have guidelines that require restaurants to disclose mandatory gratuities as well as service charges prior to someone dining at their establishment.” However, if a bill clearly discloses an “automatic gratuity” charge, customers may have little legal recourse. “It’s advisable to first address the issue directly with the restaurant management,” attorney James L. Arrasmith recommended in a blog post on Justia.