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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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