As we here at streetdogs the word on the street, are customers of the Free Now taxi app. And while paying by our card account, are giving an automatic gratuity to the driver. (or so we thought). Imagine our surprise and displeasure to learn from some of these drivers, that we were, in fact, giving 15% of said gratuity to the Free Now business, and only 85% to the driver. This has been happening without our knowledge and consent, contrary to our wishes.
With the aid of the Oxford English Dictionary, we are endeavouring to find the appropriate description of the conduct involved in this transgression. Question is, would a member of the legal fraternity advise this as being an actionable tort?