A federal appellate opinion released Tuesday is a potential red flag to lawyers representing clients in the Florida hospitality industry because it opened the door to a class action hinged on automatic tipping at restaurants.

The case before the U.S. Court of Appeals for the Eleventh Circuit stemmed from the automatic gratuity that plaintiff Michael Fox said he paid at three restaurants over two days at the Ritz-Carlton Hotel Co. in Key Biscayne.

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