If a patient owes a balance that they won’t pay and a dentist;s office has their credit card number on file from a previous payment, can it charge what is owed without the patient’s consent?

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If a patient owes a balance that they won’t pay and a dentist;s office has their credit card number on file from a previous payment, can it charge what is owed without the patient’s consent?

Asked on May 2, 2013 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, the dentist's office may not do this, unless there was some written agreement by which the patient agreed to allow amounts alleged to be owed to be charged without his or her specific consent (i.e. without consenting to that particular charge). Otherwise, the dentist must sue the patient (e.g. in small claims court) to obtain the money if the patient will not pay.


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