Can I sue a hotel for charging my credit card without my consent?

I was comped 3 free nights but they charged my card anyway. I was comped free 3 nights at a big hotel. When it came to checkout time they charged me regular rates of almost $400 a night. When I explained the situation to the manager, the hotel said there wasn’t anything they could do for me. Can I sue this hotel for charging my card without my permission?

Asked on September 12, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you can prove (e.g. with a letter, email, text message, etc.) that you were to be comped three nights but they charged you anyway and will not return the money, you could sue them to recover what they charged you for those three nights. You can't get anymore than your actual loss--the amount they charged you, which they should not have--since the law only provides compensation for actual losses. There is no additional compensation for the use of your card without permission.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.