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Question of the Day - 06 February 2020

Q:

I'm a local who avoids the Strip, especially now that there's paid parking. But last month I had a friend in town and we went on the High Roller, parking at the Flamingo. When I tried to pay for parking at the machine just before garage entrance, I noticed the credit card slot was loose. Clearly, it had been tampered with. I hit the call button on the machine and the person on the other end was condescending, telling me it was okay that I didn't get a receipt (even though one was needed for an expense report), essentially blowing me off. Then I emailed Caesars corporate and got this response: "Sorry for the inconvenience. Ace Parking is eager to speak with you. Please call (702) 794-3356 between 8 and 5." I replied that it was their machine; shouldn't they be the ones calling about the problem? After that I heard nothing. If casino corporations force us to pay for parking, then outsource the control of parking payments to people who don't care or maintain their machines, can I sue both Caesars and Ace parking when my credit card number gets stolen?

A:

Well, we're not attorneys at law, but it seems to us that if your credit card information does get compromised, and if you can prove damages above and beyond what the credit card company will do to remedy the fraudulent situation, and if you recorded the conversation with the person on the other end of the call button, and if you photographed the credit card reader that had obviously been tampered with, and if you immediately sent a certified letter to Ace Parking with your complaint, you might find a lawyer to initiate a lawsuit. 

From our admittedly limited experience with the legal system (due to a lifetime of assiduously avoiding it), it seems to us that in a situation like this, the more proof you can collect at the time of the incident, the better chance you'll have a obtaining some relief for whatever misfortune might befall you from it, if any does. 

Whatever the outcome of this, it is, in the end, a good cautionary tale about the outsourcing of routine services by hotel-casinos, which also include valet parking. And we're eager to hear what readers who have similar experiences can add to this answer.

 

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Comments

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  • Kevin Rough Feb-06-2020
    ???
    You took a friend to the strip but are still trying to put it on an expense report???

  • Brent Feb-06-2020
    Really shouldn't be an issue
    If you think that your credit card info may have been stolen, call your bank and get a new one. If fraudulent charges appear on your card, call your bank and they will be reversed.
    
    If you need a receipt for an expense report (not sure how this is expensable, but OK), go online and print out the report of the charge from your credit card issuer.

  • rokgpsman Feb-06-2020
    Another idea
    Maybe you could have taken an Uber to the High Roller and not had to deal with parking and the parking fee. You and your friend could have split the Uber cost and you wouldn't have put your credit card at risk in the parking garage machine. If the parking charge was ok for your expense report then the Uber cost would be too. And if you and your friend walked around after the High Roller, got something to drink or eat, went to the casino, etc then you wouldn't have to worry about the parking charge increasing as the hours go by. Sometimes using Uber makes a lot of sense, and it can save steps and time by not having to walk in from the garage, plus you won't have to try to find the car later in a vast garage.

  • Dave in Seattle. Feb-06-2020
    Lawsuit?
    They work only if you can prove negligence.
    If Ace parking knew about their machine has been tampered with with a "skimmer" you have a case.

  • Reno Faoro Feb-06-2020
    shafted again
    another reason to stay downtown. Take the duece if the OUTRAGEOUS strip beckons . COME ON TO THE STRIP -- pay for parking , play at $25 + tables , dine at high priced restaurants, etc. Try 2nd street grill at the FREMONT, OSCAR'S at the PLAZA, TOP OF BINIONS 
      for a great steak , HUGO CELLARS at the FOUR QUEENS .  !! or if you lost your shirt --- WHITE CASTLE - ALL DOWNTOWN, GO DEARBORN FORDSON, ty, tyvm. 

  • Feb-06-2020
    A step before a lawsuit
    First, there's no need or possibility of legal action unless/until a fraudulent charge appears on your account, so wait until that occurs, if it ever does. You should not make your first step be the threat or filing of a lawsuit. Rather, avoid that word until necessary, because it makes people & corporations angry & defensive, and reduces the chances that you will get any cooperation. Instead, contact the corporation, merely tell them the situation, and then send a vibe of you and them being teammates in the matter instead of opponents. If you try via phone, get to the fraud department. If you get nowhere via phone, then send a "help-request" letter to the corporate office, Attn: Fraud Division. If you get no response within 2 weeks, then you can think about a lawsuit. I recommend that you sign up with LegalShield (in Ada, Oklahoma), which will give you unlimited phone consultation at no charge beyond the monthly cost (around $20/month, unless it's gone up recently, + $10 to sign up).

  • Feb-06-2020
    Re:  proving negligence
    I'm not putting "Dave in Seattle" down, but rather making his comment more precise. In a lawsuit, you don't actually have to PROVE negligence, as PROOF (showing something to be 100% true for sure) might be impossible. The criterion in civil lawsuits is "preponderance of the evidence", which is means "more likely than not", and is an easier criterion than "beyond a reasonable doubt". You only need to get the judge to think that the defendant PROBABLY was at fault. Unless the amount is over $5,000, you can sue in small claims court; you don't need a lawyer for this. About negligence, you should ask yourself, and then say in your lawsuit, what you believe is a reasonable frequency for the casino or parking company to check their pay machines for tampering. I would think that once or twice per 24-hour day is reasonable. If they don't even do that, then negligence is likely. If they do, then though they wouldn't be negligent, they would still be liable for simply the actual monetary loss.

  • Bob Nelson Feb-06-2020
    Paid parking?
    When you can get free parking on half the strip properties with the (free) mlife credit card I just don't understand what all the big fuss is about.  Yeah it may not be the most convenient for the place you are stopping at but for the High Roller TI and CR are nearby as well and I think they are both still free.  Some walking is good for most of us.

  • O2bnVegas Feb-06-2020
    OP must take action
    His first clue was the "condescending" reply from the call button guy.  At that point you know you can't depend on that person to move things along.  Should have gone inside, talk to security and/or anybody/everybody until somebody takes you seriously.  
    
    One nite we pulled into a car wash.  Put card in the slot, receipt came out ($10 charge) but then nothing happened, no water, no washing.  There was a phone number on the card machine.  I wrote it down, called, got a voice mail. Left my name and phone number.  Shortly got a call back. I explained what happened (NICELY). The guy apologized, said he had just bought the car wash and was aware of issues.  In a day or two we received a check in the mail for the amount, and the cc charge had been cancelled.  So we came out $10 ahead! 
    
    

  • kinosh Feb-06-2020
    The American way
    How much cheating is going on with this question?

  • IdahoPat Feb-06-2020
    This isn't what I come to QOD for ...
    I see no value in giving this question a forum.

  • shadow520 Feb-06-2020
    Credit card?  Really?
    @Bob Nelson
    
    There are MANY reasons why one wouldn't get a credit card from someone just because they want to avoid parking charges.  That is a ridiculous comment.  And there are other ways to get free parking without getting a credit card (hotel status match, etc).  But I can assure you, there are a ton of people, myself included, who would not get a credit card just to avoid parking fees.  Casino-branded credit cards are of practically no value.  Must better value to be had with other cards.  There are plenty of visitors to Vegas who have no business having a credit card at all.
    
    

  • Dave Feb-06-2020
    B-connected Rewards Program
    How can I jet a copy of the B-Connected Rewards Program to find out why my Saphire Card Account no longer receives Loyalty Room Offers?  Tried calling and was transferred to some other person who in turn did the same.

  • Roy Furukawa Feb-06-2020
    Lawsuit?
    You have to prove harm to bring a lawsuit and if there was fraud on your credit card I highly doubt the credit card issuer made you pay for it. My experience with cc fraud is once it’s disputed they remove the charges and investigate them.

  • Feb-06-2020
    Re: B-connected Rewards Program
    Dear Ms./Mr. 2491099:  The super-tight revamp of the B-connected Rewards Program now means that the lowest tier gets nothing special.  You don't get free rooms, and you don't even get the nice discount on certain meals and other items.  If Sapphire is the lowest tier, then this is the reason why you're getting nothing.

  • rokgpsman Feb-07-2020
    B-connected comment
    @Al
     you're right that the revamped b-connected program at Boyd Gaming changed things for the worse for many players. But the lowest level is Ruby, not Sapphire. The poster "2491099"  has Sapphire which is the next level up from Ruby and it earns points while playing (unlike the Ruby level). As to why 2491099 isn't getting the offers they think they should be receiving that can be caused by a variety of reasons and only the B-Connected folks know that answer. This is the first of the year, so tier credits from last year have expired and players have to start over. Hotel and food offers are typically based on your play the previous 6-12 months. B-Connected has told me that they can pull back hotel room offers, so you may get a room offer and then lose it a few weeks later. They send out many room offers and as the room offers get booked each month at some point they can cancel the remaining offers, depending on your status with them. But a lot of how that's done is a mystery.

  • rokgpsman Feb-07-2020
    Mlife credit card
    @Shadow520
    
    I disagree. I got the Mlife credit card solely for the free parking it gives at many places. Parking fees are likely not going to go away and in recent years they've increased on a regular basis. If you want to see the nice shows on the Strip you have to get to the theater somehow. I prefer driving myself and my friends. The Mlife credit card saves me lots on parking fees. I suppose you can take a taxi or Uber or bus, but that's gonna cost you something. The Mlife card is free and with it the parking is free at several Strip places. What's not to like? I don't gamble on the Strip but for shows and sightseeing I need to visit those places often. The guys working at Bellagio tell me they see lots of people getting free parking because of the MLife credit card, so it is popular. I know some people are against credit cards in general, they can cause problems for the user if you go crazy and buy too much stuff with them and don't pay your statement. But for me it works well.

  • Bob Nelson Feb-11-2020
    Credit Card?  Really?
    Yes, really.  The mLife card is free and I am sure it has saved me $150 or more in parking charges the last two trips to LV.  To me that is good value.  My wife likes to stay on the strip and we like to explore off-strip places, restaurants, go hiking, etc.  I rarely use the card for anything else.  You aren't limited to one card in your life, I have a 'better' card for most of my use.  Certainly there are people that can't handle credit cards but not having one makes it pretty hard to rent a hotel room or a car these days.  That is something each person has to deal with in their life.

  • hostel3700 Feb-20-2020
    sue a casino
    Your'e a local? Then certainly you know casinos and car dealerships could care less about lawsuits. I doubt any attorney would even consider such a case and if they did it wouldn't be on any contingency. At 300 and up per hour go for it. this town takes in dollars they don't even pay out pittance.