Marriott faces guest lawsuit over ‘junk fees’ at Los Angeles hotels
Nobody likes those random extra fees that go by various names — resort fees, destination fees, amenity fees or urban fees, just to mention a few of the monikers — that get tacked onto nightly hotel room rates.
Some don’t like it so much that they’re willing to file a lawsuit against the world’s largest hotel company.
Hotel guests filed a lawsuit Wednesday against Marriott International in Los Angeles County Superior Court for what they allege were nightly surcharges on room rates that violated California’s consumer protection and unfair competition laws. The fees were labeled as “Hotel Worker Protection Ordinance Cost Surcharge” on guest bills and ran anywhere from $10 to $14 per night, depending on the hotel.
Those charges first appeared in response to an ordinance signed last year by then-Los Angeles Mayor Eric Garcetti. That measure requires Los Angeles hotels to provide workers with security devices like a panic button to better protect themselves against potential sexual assault. The measure also required larger hotels to provide higher wages to housekeepers cleaning above a certain threshold during a shift.
But the lawsuit maintains that the surcharge — billed as covering the costs associated with the employee protection measure — goes well above what it would actually cost a hotel owner.
“The Los Angeles Airport Marriott, for example, is a 1,004-room hotel that typically averages around an occupancy rate above 80%. Even at just 80% occupancy (803 occupied rooms per night), however, the hotel makes over $10,000 per night from guests by charging the [Hotel Worker Protection Ordinance] Fee—working out to over $3,600,000 annually at that single hotel,” reads the lawsuit. “The HWPO Fee is nothing more than a ‘junk fee’ under the guise of ‘worker protection,’ directly benefiting Marriott at the expense of their guests.”
Representatives with Marriott declined to comment when contacted by TPG.
Multiple Marriott-affiliated properties are highlighted in the lawsuit: the Los Angeles Airport Marriott, the Courtyard by Marriott Los Angeles LAX/Century Boulevard, the Residence Inn by Marriott Los Angeles LAX/Century Boulevard and the Four Points by Sheraton Los Angeles International Airport.
While most of the hotels accused of charging the fee were located near Los Angeles International Airport (LAX), the lawsuit also names the Beverly Hills Marriott.
Fee fatigue
The lawsuit arrives amid swelling anti-fee fervor across the travel sector. U.S. President Joe Biden earlier this year even targeted resort fees in his State of the Union address amid a push to eliminate hidden fees, which are widespread in the travel industry, as part of his Junk Fee Prevention Act.
“We’ll ban surprise resort fees that hotels tack on to your bill,” Biden said in the address. “These fees can cost you up to $90 a night at hotels that aren’t even resorts.”
Marriott settled with the Pennsylvania attorney general over a lawsuit targeting its resort fee practice, and the company now maintains that hotels include the fee as part of an initially advertised nightly rate.
Earlier this year, separate lawsuits in Texas were launched against Hyatt and Hilton over their respective resort fee practices.
While Marriott is once again in the legal hot seat over surcharges added to its room rates, the company’s CEO, Anthony Capuano, earlier this year touted the hotel brand’s leadership in bundling resort fees into nightly rates.
The fees aren’t going away, but better transparency might be the end game for the broader industry.
“It is not as if those were hidden somehow. We're simply further clarifying and enhancing that transparency,” Capuano said on the company’s first-quarter earnings call. “I will leave it to the state [attorneys general] around the rest of the country for the rest of the industry. But I am pleased that we will lead the industry in terms of the transparency of our disclosure for our guests.”
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There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)Pros
- 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
- 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
- Packed with credits foodies will enjoy
- Solid welcome bonus
Cons
- Not as useful for those living outside the U.S.
- Some may have trouble using Uber and other dining credits
- You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
- Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
- Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
- Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
- $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
- $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
- Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
- No Foreign Transaction Fees.
- Annual Fee is $325.
- Terms Apply.