Tamara Perez caught a cab to her Manhattan home Tuesday, when she noticed that she didn’t have enough cash. The cab had a credit card machine, so she decided to pay with credit.
According to Ms. Perez this decision caused the cabbie to punch her in the face.
“The guy said, ‘I don’t know how to use [the credit card machine],’” said Perez, who said the dispute began in front of her home near E. Third St. and Avenue C. “I said, ‘I’m going to use this credit card machine.’”
Eying the gadget, Perez noticed it appeared operable and “not very difficult at all,” she said. “I said, ‘This is your responsibility to know how to use this machine. This is your cab. If you don’t know how to use it, then I’m not paying you.’”
That’s when things got physical, she said. She got out of the car and the driver, whose identity was not known, stepped in front of Perez and pushed her back into the cab. “I give you a punch in the face!” he told her, Perez said. “And he punched me in the face.”
Ms. Perez wrote down the license plate and called the police. She then filed a complaint with the Taxi & Limousine Commission. The TLC says they’re investigating and “If proven true … the TLC will take the necessary steps to revoke [the driver's] license.”
Woman says enraged cabbie hit her after credit card fiasco [Daily News]
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@gingerCE:
Seriously? Here’s the difference between Costco and a cab ride – you can put down the products at Costco and leave. How do you give back a cab ride?
@gingerCE: I think the difference is that with Costco people are dealing with tangible goods which can be returned. The woman can’t very well return the cab ride can she? She wasn’t obligated to pay cash to the cabbie. She offered to pay via CC and was turned down by the cabbie (which is illegal).
Something about this story stinks and doesn’t add up. I don’t know what it is, but there’s more than meets the eye here. It doesn’t have the “ring of truth” as judge judy would say.
@Galls: I wasn’t saying he should have punched her. Put that argument that she shouldn’t of had to pay for the ride doesn’t apply to really a lot of other industries. Trust me cause otherwise there’s a lot of days that retailers would have lost money and product if that was absolutely the case. You’re right that he should have told her a better lie about the credit card machine before offering the ride. That’s his fault, but to assume she should get a free ride after that isn’t exactly the most moral of answers. That’s what I was getting at.
BTW watch it with the anonymous internet name calling. If you feel I’m wrong about something please just point it out without the idiot calling. Another commentor was nicer in explaining the difficulties with my reasoning
@gingerCE:
It depends on what model of credit card reader was in the cab. In NY there is the older version which doesn’t have the touch screen and the newer ones which do. In the older ones they actually have to specifically activate it from the front. In the touch screens you can pick from the back, but I believe that they can override it from the front as I’ve had the screen go to cash immediately when I wanted to pay with a credit card.
I have solved the credit card conundrum in a few ways. The first is I tell them that I’m going to expense it as it’s work related and I can’t get reimbursement for tips if I don’t pay CC so if they can’t take a CC they aren’t getting a tip. That usually gets the machine to work. The other way I’ve skinned the cat is to tell them if they can’t take a credit card, they are free to turn off the meter, drive me to an ATM run by my bank and drive me back home. The prospect of an unmetered 7-10 minute errand usually sorts out the liars from the situations where the machine is genuinely out of service.
In all probability he knew how to use the machine. Cabs in NY are now required to take CCs (IIRC) but cabbies don’t like credit card payments because they loose money thanks to the CC transaction fees, thus they feign ignorance of how to use the machine or say it is broken. I’ve even had that happen in CA–but in that case the cabbie got paid the $17 fair with my laundry quarters and some singles and got no tip.
I think that unless the woman was putting the cabbie in eminent danger by threat of bodily harm, he had no right to assault her. Last time I checked, failure to pay a cab fare, for whatever reason, was not a valid cause for self defense.
It’s irrelevant what she said to him, unless it was “I’m going to shoot you because you can’t work that machine”. If he felt she was attempting to stiff him on the fare, he should have called a cop.
What does it matter if it was New York City? It’s still a place governed by the rule of law.
@Maulleigh: The actions of cabbies don’t always make sense. I got thrown out of a cab and then chased after by a fresh-off-the-boat cabbie once because he was pissed I was telling him which route to take (another one of the “Rider’s Rights”. He kept ignoring me when I kept telling him to turn. Finally he stopped the cab and told me to get out, 15 blocks from my destination. Then when I gave him the exact metered fare he came after me because I didn’t tip him. He only stopped chasing me when he realized I was on the phone with 911. Mind you he left his cab with the engine running and his door wide open. Does that “ring true”? Not if you base it on what you would expect a reasonable person’s actions to be.
It did actually happen, though. Based on my own experiences, I find her story to be completely believable, unfortunately. If something like this has never happened to you, then God bless you.
there are some women in new york i would advise that cabbie not to try that on
I guarantee he knew damn well how to use the machine. But then there’s a paper trail and he can’t work under the table. So he played dumb hoping to force her to pay cash. Old trick…
@Kounji: And how do you propose she pay, in blood?? She didn’t have enough cash on her, he wouldn’t let her pay by CC. There is no other possible way to pay for that cab ride, so she shouldn’t have to pay. It’s not safe to “go get money in her apartment” and the guy didn’t want to call anyone. I say its a pretty simple situation. Let her walk. Or it WAS simple, until he punched her in the face. Now ya gotta get jailtime involved.
nyc cabs are required to accept credit cards, people
How bout this, she takes him to (civil) court for assault, gets her 6 figure judgement, and from that judgement, pays him the $20 fare with interest?
When I hand you, the cabbie, my American Express, you will take it, and like it. If not, you will NOT get a tip, and I will report you to both TLC AND American Express.
@rickspeaks:
I’m getting sick of NYC bashing. What “robbing” would you mean?
do you mean the robbing from an all time low crime rate that makes NYC one of if not THE safest city in the USA per capita?
“when she noticed that she didn’t have enough cash.”
- means that she originally intended to pay cash, and probably made it clear to the driver before changing her mind. Look at the smirk on her face in the picture – she’s definitely some type of weasel. I want to punch her too, but I wouldn’t. Of course.
I think there’s more to the story, like her noticing an opportunity based on word of mouth (or experience) that cabbies don’t want to take credit. And she acted like she was going to pay cash, and then convieneintly “changed her mind” thinking she could say “too bad” and just get out.
Whatever, you can’t just punch a woman, even if she is a smirking weasel…
@FrankTheTank:
Totally agree with you on that, there were faults on both sides.
It must have been one of those days for the cab driver. Consumers can be real bitches, like you’re less than shit on their shoes.
I’ve never had a problem in Los Angeles with cabbies accepting credit cards. In this NY case, it’s simple: Customer is right; Cabbie is a dick.
Ok, let’s recap:
1. Cabbies in NYC are required, by law, to take credit cards. This is a recent occurance and most if not all are mad as hell about it.
2. As some have said, there is NOT FREAKING WAY he didn’t know how to use the machine. The cabbies were all trained in how to use them and often cover them up with lovely fake “out of order signs” to avoid getting dinged on the tip.
3. I try to always have cash on me because of all the kerfuffles about paying by CC (like this one), but it doesnt change the fact that she had no obligation to “go to her apt and grab cash”, offer what she had in her waller or anything else. Unless the cabbie said the moment she got in “my CC machine isn’t working” or “I don’t know how to work it” (heh, right), she had no expection that it was not going to be accepted.
4. All this fuzzy logic about her being more appeasing or being partially at fault is ridiculous. She is allowed, by law, to use a CC. Cabbie wanting cash is NOT testament to asking for a punch in the face, even if she was smarmy.
That is all.
@goodywitch:
Again, why? Did you not understand the part where the law requires him to accept credit card payments? Why should she go grab some money? She’s supposed to bribe him not to punch her in the face? That would have been an acceptable resolution of the episode, if she had thrown 20 dollars at him so he shouldn’t punch her out?
What would have happened? He would have taken the 20, gotten back into the cab, straightened out his black leather jacket, and driven off with a smug expression. Now he knows something very valuable: not only are there no consequences when you threaten a passenger foolish enough to want to use a credit card, but you will even get rewarded, because they will be so frightened they will throw you more money than the fare cost just so you don’t punch them out. You just have to show them that you mean business. And you do. After all, you are a man who has no qualms about punching females in the face. You are a real man, not a wimp.
Yeah, running upstairs to grab a ten or twenty to shut this animal up and let him back on the street without consequences, that’s a spiffy idea. Just pray that you won’t be his next passenger who wants to use a credit card.
The driver was trying to bully her into paying cash, plain and simple. She stood up to him, and good for us that she did.
I have to say, this story about an outrageous and unwarranted assault on a customer makes a lot more sense than the story from that guy who complained that the flight attendant was throwing peanuts in his face and pouring water on his head for no apparent reason.
If cabbies are so pissy about having to pay a fee, why don’t they just issue a surcharge for a CC payment? Problem solved.
@pastabatman: Shhhhhhhhhh! That fear keeps them out of our city, which is just the way I like it!
@SJActress: Because, levying a surcharge in itself would be illegal in the State of NY:
N.Y. Gen. Bus. Law § 518 (McKinney 1996) provides as follows:
“No seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means.
Any seller who violates the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars or a term of imprisonment up to one year, or both.”
This is a problem with the new CC machine in cabs in NYC. Hopefully the more we hear news about it, the less these incidents will come up.
My friends and I took a cab in NYC a few months ago, and decided to use the CC machine. The transaction appeared to go through fine, then it got to the point where it needed the driver’s input.
Then the screen went blank. We were like, WTF?
The cabbie said, “Oh, you have to let me know BEFOREHAND that you want to use the CC machine.”
We were confused, tired, and not in the mood, so we pooled together the cash. It wasn’t until I read an article about this later that I realized we got shafted. The CC machines were new, so we didn’t really know much about the law, etc.
Now we know.
She’s actually pretty hot, has a no-tolerance attitude too.
Admittedly, the cabbie completely overreacted, but to refuse to pay is sleazy. I would have done one of two things: 1) made the cabbie drive me to a cash machine without charge (and docked any fees) or 2) send the fees to the taxi commission or 3) write a check.
Tamara Perez did not deserve to be hit in the face by a crazy cabbie, but she deserves to be criticized for how she solved it.
It’s a cultural thing. Punching a woman in the face is probably a sign of mild affection wherever that cabbie is from.
Seriously though, she’s going to get zero satisfaction from this. There will be a hearing, the guy will claim he didn’t work that day and his company will lie and back him up. It sucks, but there it is.
@zibby: She should have posted the medallion number for all to see and avoid.
I’ve been riding New York cabs for 21 years. I’ve been spit on by cabbies, yelled at, called names and so on.
This is largely due to cabbies that don’t know the TLC rules and are way past a positive “customer” experience.
I would recommend everyone report problems and issues with cabs to the NYC Taxi and Limousine Commision. Medallions in NYC are not a right, they are a privilege. Speaking of rights, read the first taxi paseengers bill of rights item at:
[www.nyc.gov]
@ClayS:
Per the rules, if his CC machine wasn’t working, he shouldn’t have been picking up fares.
@hypnotik_jello:
Except tha the medallion is attached the to the cab, not the driver, so it’d be a different guy every day.
Am I horrible for just thinking the dialogue here was hilarious?
: /
Sucks she got punched, but love the way the evil cabbie decided to give a narrative of his coming actions, complete with thick accent.
“I give you a punch in the face!” he told her, Perez said. “And he punched me in the face.”
At least he warned her…
Did the cabbie really just pull a Babe Ruth and call his shot? Classic.
One, apparently the machines are known to have reception problems and the transactions frequently fail for the same reason that cell calls often drop mysteriously in the city. The machines, which are linked to touchscreen TVs, are overpriced pieces of crap, which cabbies must buy, which are meant primarily to blare ads and make money for the companies that make and install them with no discernible benefit to the driver, and little value for the passenger.
Two, cabbies hate them not because it cuts into their tips or even because they are expensive and require CC fees, but because the precise record-keeping means they have to declare and pay taxes on their income.
Three, they agreed to accept the machines in exchange for a fare increase. That fight is over, and they are obligated to have and use them — no excuses. It’s perfectly reasonable for a customer to expect to be able to use them and to refuse other means of payment.
Four, it’s nice to pay and tip your cabbie in cash anyway. It’s not an easy job.
The article clearly says the cab WAS IN FRONT OF HER HOME. @mercurypdx:
I haven’t dealt with credit card machines in NY cabs yet, however, when I know that the CC fees will cost the person (waiter, cabbie) money, I’ll pay the fare or bill by credit card and tip them in cash.
This is necessarily a comment on this particular situation (IMO cabbie was wrong to threaten violence, customer was wrong to threaten to not pay), cash tips tend to smooth any “I’m getting screwed by The Man” feelings.
@breny:
Second paragraph should read “This ISN’t necessarily…”
NYC cab drivers are, in general, very difficult to deal with. They get enraged when you try to pay by credit card, when you direct the route, if you ask “do you know where that is?” (downtown, they often dont). They are extremely aggresive and rude, and I’m not surprised that Ms. Perez decided to get out of the cab – the driver clearly seemed, and confirmed, to be a physical threat. Obviously you shouldn’t bail on your cab fare, but its a better choice than getting assaulted or kidnapped.
I once had a cabbie in Chicago give me the same line about his machine being broken. After yelling at me, he wanted me to get back in the cab and go with him to an ATM. Fearing for my physical safety at that point, I refused. I called in his cab number and a few weeks later got a letter saying that he’d lied about the machine not working and had been fined $175.
Go Tamara!
@antisocial: “when she noticed that she didn’t have enough cash.”
- means that she originally intended to pay cash, and probably made it clear to the driver before changing her mind.
Really? Is that what happened? It was a grand plan on her part to screw the cab driver from the very beginning? When she entered the cab, she did so knowing they are required to take credit cards. Yeah, I just bet you tell the driver up front you plan to pay with cash.
Look at the smirk on her face in the picture – she’s definitely some type of weasel. I want to punch her too, but I wouldn’t. Of course.
(sigh) You can’t puch someone for being a turd, either.
@glitterati: You’re pretty much correct, but I will say that service seems to improve if you’re a large, mean-looking male of the species – I think every one of the numerous “bad cabbie” stories I’ve heard has come from a woman. Which sucks.
The fact that the cabbies didn’t want want to have to accept credit cards was one of the main reasons that the NYC cabbies tried to strike a few months ago.
THIS IN NO WAY MAKES IT OKAY THAT HE PUNCHED THIS WOMAN. However, its clearly something that many of them didn’t want in the first place so of course they are going to be resistant to it.
Its hard for me to not feel for them a bit when I read that the average NYC cabbie only takes home about $400 a week and I see people at the stores in my neighborhood trying to charge things that cost $1.
And even if they weren’t skimming off the top, which I am sure some are, it is also the immediacy of the tips that they lose. For someone who doesn’t make much, its a big deal to take home some cash that night as opposed to waiting for a check to be cut from the credit card tips.
Maybe the cabbie was tired of dealing with a malfunctioning (or confusing) CC machine or there was something she said that was rude (what? a New Yorker that is NOT rude?), or maybe the CC machine cost too much.
CC processing firms are chosen, not assigned; when some merchant whines about having a processing charge for each CC transaction, I gently remind the merchant that A] they are required by the CC to have no minimum purchases, B] they can choose a different processing company and C] I can take my business somewhere else (I still have to pay the cabbie, though).
We need a few more details, it seems.