$8 Slices at Cappy's Pizza


I usually like to grab a bite when I'm working in the garden, but since a fire back in January decimated "restaurant row" in the Fenway, I'm finding my options this Spring a little limited.  There are actually a lot of little mom-and-pop type places thereabouts, but nothing like the cheap eats, speedy service and variety all in one spot that restaurant row offered.

I've dropped into Cappy's Pizza on Westland Ave. a couple of times so far this season.  I know the place from years in the Fenway, of course — big slices of lukewarm pizza for cheap, the usual student  fare, nothing fancy — but I don't think I'd paid by debit card until this year.  I usually don't carry a lot of cash, and when I dropped in recently without any I made sure to ask if there was a minimum purchase for a debit card.  Not one, but two guys behind the counter emphatically assured me there was not.  So I bought a slice of pizza for $2.75, and I threw in a buck for a tip.  For a grand total of $3.75.

Now, whatever you may think about people paying for small purchases with plastic — and people seem to have inordinately strong feelings on the topic — they do advertize that they accept credit and debit cards, and I did ask if there was a minimum, and they did tell me there was not. 

Looking at my account online today I noticed my latest Cappy's purchase of a single slice of pizza cost me $8.00.  I did a little doubletake.  Was that the Upper Crust?  No, it was, indeed, Cappy's (or, as students in the neighborhood affectionately call it: "Crappy's").  Scrolling down a ways to last week, I noticed another Cappy's purchase, also for $8.00, which, if I recall, was closer to $6.00.  ($8.00 was not, by the way, the amount on the original receipt, or the amount I signed for.)

Now, I'm not all upset about the money.  Whatever. But come on, guys.  If there's an $8.00 minimum, just say "there's an $8.00 minimum."  It's not that hard.  Yeah, you might make a few bucks by keeping mum or flat-out fibbing about it, but you can only charge eight bucks for something you advertize at $2.75 a time or two before your customers get wise.  I, for one, can assure you I will not be back for your $8.00 slices any time in the future, no matter how wasted I happen to be when I pass by.
 
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Comments

  • 4/17/2009 10:46 PM se wrote:

    If you're going to be spending $8 anyway, try Lilly's


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  • 4/19/2009 3:12 PM Charlie wrote:

    I'm pretty sure that Visa and Mastercard prohibit merchants from setting a minimum credit card amount in the first place. Also, isn't it illegal for a merchant to charge you more than they advertised as the price. Did they ever say that the total was $8 or a receipt that said so?


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    1. 4/19/2009 7:27 PM Mike Mennonno wrote:

      Charlie -- I do have the receipt...


      ...and bank records showing the $8.00 charge. 

      And, yes, I'm sure it's a violation of the Massachusetts Consumer Protection Act, chapter 93A (940 Code Of Massachusetts Regulations 3.04 - Deceptive Pricing), but how far should you take something like this?  I mean, damages (the ones I can prove) are, like, five bucks.  Do I really want to go to the mattresses for that?  Of course, I was ultimately charged almost three times what I originally signed off on.  And that's galling regardless of the amount.

      It does make me a little angry, since I've been going there off and on ever since I've had a garden in the Fenway, and I feel like I sorta know several of the guys there.  So it feels kinda personal in a way.  And it does stick in your craw -- I mean, it's twice it's happened. 

      Maybe I should write a "demand letter" and see where that gets me...

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  • 4/19/2009 10:13 PM John Mc wrote:

    Well, they steal form enough people who don't feel like speaking up, and pretty soon they're rich and you are not.

    It's illegal to have a 'minimum' charge for a credit card. it violates state law and the business credit card agreement. And of course, rounding up is stealing from you, which has it's own consequences.

    If you don't feel like filing charges, at least call the credit card company and let them know whats going on.


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  • 4/21/2009 6:45 PM Toby wrote:

    Have you thought about simply confronting them about it? Sometimes shame is a better motivator than a class action law suit.


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    1. 4/21/2009 9:33 PM Mike Mennonno wrote:

      I did send the owner an email, and contacted the card company.  The latter filed a dispute claim with Cappy's and refunded my money straightaway.  If I hadn't been so flustered about Cappy's doing me dirty I would've just filed the dispute with my card company right off the bat, and stfu about it.

      But honestly, I didn't really want to cause a big scene at the sub shop, in case I want to go back -- and use cash -- sometime in the future.  I mean, what if all the other restaurants in the neighborhood burn down and I'm stuck with them? (Could happen.)

      In my email to the owner, Mr. Pseudoikonomou, after explaining what had transpired and politely calling it a "billing error" I wrote: 
      If this was not an honest error but represents a pattern of practice it is a violation of Federal and State law.  Specifically, Massachusetts General Laws, Chapter 93A, Section 9, The Consumer Protection Act, which declares unfair or deceptive acts or practices in the conduct of any trade or commerce unlawful.
      That was plenty cathartic enough for me.  If I had to do it in person I'd probably get all those codes and chapters and sections jumbled up, and just start spouting complete gibberish, and they'd have called the police and had me taken away in a straight-jacket.  This way is much better, trust me.


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      1. 4/22/2009 8:22 AM Toby wrote:

        Well, did you also see the section of Ch. 93A where you get triple damages?! In your case, that would be, like, six dollars! I bet that'll put the fear of God in Mr. P.


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        1. 4/22/2009 9:39 AM Mike Mennonno wrote:

          More like twelve, actually.  But  this is not about money, Toby.  It's about JUSTICE.




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