Legal Question in Business Law in New Jersey
Is it legal to keep a credit card on file without authorization and then bill it for missed appointments
2 Answers from Attorneys
Any attorney will say it depends on what agreement (written or oral) you have with the provider. Normally, they have a policy of billing for missed appointments. If you were not so informed, you can always dispute the charge when it appears on your monthy statement. Consult with a good business attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Just because you gave authorization to a merchant to charge your credit card to pay a particular bill in the past does not mean that they can just go and charge your card in the future for other bills. This would be true unless you signed an authorization which specifically gave them authority to charge your card for future bills. Even if you owed them money for a regular bill it would not give them the authority to charge your card unless you gave authorization. If your agreement with them obliges you to pay for missed appointments, fine, but they should be sending you a bill, not charging your card unless you gave them authorization. If you did not give them authorization, I suggest that you call the merchant and insist that they credit your card back. If they refuse to do so, then dispute the charge with your credit card company. You may very well owe them the money, but that is not the point. They cannot just charge your card because they happen to have the card information from a prior transaction, unless you gave them specific authority.
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