A patron who says a surprise charge was tacked onto his restaurant check at a Florida Ritz-Carlton hotel is now the name plaintiff in a Miami class action seeking more than $5 million in damages.

Michael Fox, of New York, filed suit in the U.S. District Court for the Southern District of Florida's Miami division, accusing the luxury hotel chain of fraud. He brought suit in federal court on behalf of all patrons who've purchased meals, drinks or snacks at Ritz-Carlton hotels across the state in the last four years.

The Ritz-Carlton Hotel Company LLC's menus offer appetizers priced at $65 and grilled Japanese wagyu—highly marbled Kobe beef—for at least $112 for a four-ounce portion.

But what's harder to see, according to Fox's suit filed Tuesday in federal court, is a hidden surcharge—an automatic 18-20 percent gratuity tacked on to every food and beverage purchase through its restaurants, mini-bars and room service.

“Ritz-Carlton violates Florida law at the public food service establishments in its hotels in the State of Florida by failing to provide adequate notice on the restaurant's menu that an automatic gratuity or service charge of any amount would be added to a customer's check,” according to the complaint pending before U.S. District Senior Judge James Lawrence King.

Fox claims he dined at a Florida Ritz-Carlton restaurant in April and realized servers had added an 18 percent surcharge to his bill.

“There was no mention on the restaurant's menu, neither on the hard copy provided to plaintiff in the restaurant nor on the menu posted online on the hotel's website, that an automatic gratuity or service charge of any amount would be added to plaintiff's check,” according to the lawsuit.

During a visit later that month to another Ritz-Carlton property, Fox noted the “menu stated in small, italicized type” that “a suggested 18 percent gratuity” would appear on the bill.

“When he was done eating, plaintiff was presented with the check. Rather than a suggested gratuity that could be raised, lowered or removed from the check, there was a mandatory 18 percent service charge included,” according to the complaint. “The 18 percent service charge amount was included in the calculation of the charged taxes, despite the menu indicating that any automatic fee would be a non-taxable gratuity. Below the check total, there was an extra line for plaintiff to add an additional gratuity.”

Fox paid the check in full but filed a multimillion-dollar against the company.

Ritz-Carlton operates 10 Florida hotels, including properties in Coconut Grove, Amelia Island, Orlando, Miami Beach, Naples, Fort Lauderdale and Sarasota. Spokesman Jeff Flaherty said the Ritz-Carlton's parent company, Marriott International, had not been served the Nov. 28 lawsuit, and therefore could not comment.

The suit claims the hotel chain violated Florida laws requiring vendors to disclose automatic gratuities on menus and “on the face” of patrons' bills. The eight-count complaint demands a jury trial and alleges violation of Florida administrate code and statutes requiring disclosure of automatic surcharges.