Dear Brent Kendell JD, CPA

I’m no lawyer, but I do know one of the exceptions to our 1st Amendment right to free speech is deceptive commercial speech, thus illegal. Las Vegas hotels advertise a $29 hotel rate but with a resort fee the total can be over $200. Since this fee is mandatory, it is not a fee, it’s more like fraud. Can I sue and get my money back?

Yes, you are correct. Deceptive commercial speech is unconstitutional in federal court. State court is a different matter. While federal law trumps state law, someone has to file suit to stopf this blatant illegal practice.

Mandatory resort fees are very deceptive. Instead of suing Caesars Entertainment, or MGM Entertainment, or Wynn, your best approach is to protest with your wallet. There are many laws that are illegal federally but considered legal in state court, or are simply ignored. A violation of your Civil Rights is an example. Las Vegas tourism over the past few years is way down, some estimates are close to 20%. Nevada gaming revenue has dipped as well. Social media has done a lot to expose the hidden fees, i.e., a $12 cup of coffee, a $15 dollar bottle of water, $30 parking fee, and the list continues. Nobody tells you when booking a room at Resort World that the pool closes at 6pm despite continued sunshine for hours. Close a pool? $20 can of beer?
The resorts continue to pull ‘bait and switch’ tactics with hidden taxes. Nowhere else in the world does a bottle of beer, at the bar cost $10 and when receiving the bill the total is $11.87, because of taxes.They don’t want to round it to $12 because they’re playing you for stupid.
Very few tourists are fooled by the hidden resort fees. Las Vegas continues to insult the public with revenue making parking fees, window fees, ATM fees, pool fees, and the fee scam goes on and on. Circa adult swim? More deception! No swimming allowed. Fifteen pool guards will insist you can’t go underwater or hold your breath. You can stick your feet in the pool but no swimming.

While there have been attempts to sue the state of Nevada over deceptive resort fees, most of these implemented laws are ignored and Nevada continues to impose deceptive advertising. One court case made the total amount (including resort fees) be included in the grand total.

Greed will prevail. The more straightforward resorts will see the customers flock to their hotels. Some say Las Vegas was better when run by the mob. I tend to agree. Don’t waste your time
and money suing in federal court. Complain! Protest! Make youtube videos! Refuse to pay their ridiculous fees.

Yes, you are correct, deceptive commercial speech, e.g., resort fees are illegal. If you refuse to pay these fees.. maybe Las Vegas will learn a lesson and become more transparent, but don’t expect any change until Caesars, MGM Grand and Wynn learn their lesson.

As a wiseman once said, (OK, it was me!) Get the word out! The gig is up! The cat is out of the bag! Refuse to pay the resort fees and even consider going somewhere else on your vacation until there is a change in the law and a change in the system.

Have you got a legal question? Drop me a line.

Brent Lee Kendell, JD, CPA Brentkendelljdcpa@gmail.com