Can a dentist charge a 10% fee for bank charges on what I get back from my insurer paid them?

I went to a local dentist and had to put down $1200 before insurance was billed. I asked for my money

back from what insurance paid and the receptionist said they will deduct 10% from what the insurance

paid. The receptionist because I paid with a credit card that’s the fees the bank charges. I told her I never heard of such a thing. She said it was this doctor’s policy. I never signed anything or was I made aware of this policy until I asked for my refund back.

Asked on April 6, 2017 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you were made aware of the policy prior to paying, so that by using a credit card after being made aware of the fee, you could reasonably be said to have agreed to it, then you would have to pay. But if you were not aware of the policy, you could not possibly have agreed to it and do not have to pay it. Of course, if they are holding your money, you would have to sue to get it back if they won't agree to return it, which may or may not be economically worthwhile.


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