A class action lawsuit has been filed against the Cheesecake Factory alleging that diners who split the bill may have unwittingly left more for tips than they perhaps otherwise would have.

Marcel Goldman is suing the California-based restaurant chain after she followed the suggested tipping chart on her bill, which recommended $11.50 to $16.94, leaving a $15.40 tip when her share of the bill was $38.50. According to news reports, the suggested tipping chart is based on the bill's entirety, not a particular diner's share of it. Goldman sent a "billing error" letter to the Cheesecake Factory headquarters, but the error was not corrected.

"Consumers should be aware," Goldman’s attorney Julian Hammond said. "Why are we left to our own devices to do arithmetic acrobatics when the suggested gratuity represented is not true? The mathematic calculation is misleading. It must end; it needs to change."

A Cheesecake Factory spokesperson countered that the chain’s gratuity ranges are simply suggestions and it’s up to consumers to decide how much to tip.

"Guests are free to tip as they please," said Alethea Rowe. "We believe our guests appreciate the service provided by our hardworking staff and tip accordingly."

—Source: mercurynews.com