Class Action Says Certain Marriott Hotels in Los Angeles Charge Guests Unlawful ‘Junk’ Fees
Baek et al. v. Marriott International, Inc. et al.
Filed: July 21, 2023 ◆§ 2:23-cv-05944
A class action lawsuit claims Marriott has charged hotel guests unfair and unlawful nightly “junk fees” under the pretense that the revenue goes toward the cost of complying with a Los Angeles city ordinance.
California
A proposed class action lawsuit claims Marriott has charged hotel guests unfair and unlawful nightly “junk fees” under the pretense that the revenue goes toward the cost of complying with a Los Angeles city ordinance.
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The 14-page lawsuit says that after the Hotel Worker Protection Ordinance (HWPO) went into effect in August 2022—requiring hotels in the city of Los Angeles to implement specific policies to protect employees from exploitation, sexual harassment and sexual assault—Marriott began to impose a so-called “Hotel Worker Protection Ordinance Costs Surcharge” on guests staying at select Los Angeles hotels.
Although Marriott represents to guests that the nightly HWPO surcharge is a “local fee” that goes toward the cost of complying with the city ordinance, the total revenue brought in by the fee “far exceeds” these costs, the suit alleges.
Further, the HWPO fee Marriott charges guests is not mandated by the City of Los Angeles, the case relays. Rather, it is a surcharge that the hotel chain elects to assess “at its sole discretion,” the complaint explains.
“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,” the filing argues.
Defendants Marriott International, Inc. and subsidiaries Courtyard Management, LLC and Marriott Hotel Services, LLC operate a number of hotels in Los Angeles, the lawsuit says. Per the case, the HWPO fee assessed by select Marriott-owned hotels in the area is disclosed to guests via a banner on the booking website and ranges from roughly $10 to $14 per room per night, depending on the location.
According to the suit, the Los Angeles Airport Marriott alone generates more than $10,000 per night and over $3.6 million annually by charging guests HWPO fees.
The complaint contends that the surcharge gives Marriott an unfair advantage over its competition by allowing it to advertise rooms at a lower price than it actually charges, as the “hidden” HWPO fee is only added to the total during booking.
One of the plaintiffs, a California resident, stayed at a Residence Inn by Marriott hotel in June 2023 and was assessed an $11.92 HWPO fee during her stay, the filing states. Another California-based plaintiff stayed at the Los Angeles Airport Marriott around the same time and says she was charged an HWPO fee of $13.87 per night.
The lawsuit looks to represent any current and former Marriott hotel guests in Los Angeles who were charged a hotel worker protection fee or surcharge at any time since August 12, 2022.
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