Restaurant Complaint

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  • Skip the Stuff for rules on providing utensils, condiments, napkins, and containers for take-out or delivery

You can make a complaint about a restaurant for illegal surcharges, illegal use of consumer data, health and safety violations, or other issues.

What Happens Next

To receive follow up on your request, you must provide your address. The Department of Consumer and Worker Protection (DCWP) will mail you a complaint form, which you must complete and return. If you also provide an email address with your Service Request, you will receive the form by email instead. Be sure to check your spam folder in addition to your inbox.

DCWP will consider your complaint a tip if you do not provide your address.

Restaurants may not add a surcharge (extra charge) to the food or beverage prices listed on the menu.

Restaurants may charge a bona fide service charge, but the charge must be clearly disclosed before you order food.

Acceptable service charges include:

  • Charge to split a single meal on multiple plates
  • Minimum per person charge
  • Mandatory gratuity for parties of eight or more

Unless you opt out, food delivery apps that take your order directly for delivery can share your data with restaurants.

Restaurants:

  • Must let you withdraw consent and delete your data on request
  • Cannot sell, rent, or disclose your data without your consent

You can make a complaint about a restaurant for:

  • Cash payment refusal
  • No receipt or receipt that is inaccurate or incomplete
  • Price gouging
  • Mandatory tip

The Department of Consumer and Worker Protection does not accept reports of rude employee behavior. You should report this type of complaint to the business.

For reports of discrimination, go to the Discrimination page.

The New York City Department of Consumer and Worker Protection can help you with complaints about businesses in New York City. For complaints about businesses elsewhere, contact the local Consumer Affairs office or the State Attorney General's office.

Online

Learn how to file a complaint for a business outside of NYC.

By Phone

  • Agency: Nassau County Consumer Affairs
  • Phone Number: (516) 571-2600
  • Business Hours: Monday - Friday: 9 AM - 5 PM

  • Agency: Suffolk County Consumer Affairs
  • Phone Number: (631) 853-4600
  • Business Hours: Monday - Friday: 9 AM - 5 PM

  • Agency: Westchester County Department of Consumer Protection
  • Phone Number: (914) 995-2155
  • Business Hours: Monday - Friday: 9 AM - 5 PM

  • Agency: New Jersey Division of Consumer Affairs
  • Phone Number: (973) 504-6200
  • Business Hours: Monday - Friday: 9 AM - 5 PM

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