A category-action lawsuit filed towards Circa Hospitality Group and subsidiaries accuses the downtown Las Vegas resort operator of failing to reveal charges and taxes required on comps supplied via its loyalty program.
A number of members of Circa’s “Membership One” loyalty program declare within the lawsuit filed in Clark County District Court docket that they had been assessed fictitious charges or taxes every time they tried to make use of complimentary factors to buy meals and different choices at three affiliated lodges — Circa, Golden Gate and D.
The lawsuit states the category motion might contain greater than 10,000 folks, together with those that visited the resorts and signed up for the Membership One program.
Circa officers on Friday didn’t reply to requests for remark concerning the lawsuit, which estimates damages of $3.75 million for the 4 years the comp program has been in place.
Attorneys Robert Eglet, Robert Adams, Artemus Ham and Michael Form filed the lawsuit on Monday on behalf of space residents David Chitwood, Robert Deken, Tracy Edgeston and Matthew Stokes and Texas resident Richard Throop. The lawsuit names Circa Hospitality Group, the Golden Gate, D and Circa resorts together with unnamed subsidiaries and resort workers.
Moreover, the lawsuit claims the “defendants routinely decreased the quantity of comps that they promised to plaintiffs by deceptively making use of false charges and prices.”
In a single occasion cited within the lawsuit, Stokes stated on Aug. 21, he bought a lunch meal at Saginaw’s Deli at Circa for $23.
“Mr. Stokes was shocked to see that, along with the $23, defendant’s point-of-sale system assessed an extra $1.93 of ‘add on tax’ that was deducted from his earned comps stability,” the lawsuit stated, with a replica of the receipt duplicated on the courtroom doc.
The six-count lawsuit alleges breach of contract, breach of implied covenant, misleading commerce practices, conversion, negligence and misrepresentation.
The lawsuit seeks certification as a category motion, an order requiring Circa to “stop any and all types of illegal conduct,” a declaration that Circa shouldn’t cut back customers’ earned comps by fictitious charges and that “defendant engaged in misleading commerce practices,” in addition to unspecified precise, consequential and punitive damages to be decided at trial.
A trial date has but to be set.
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