Astoria, NY asked in Consumer Law and Contracts for New York

Q: My orthodontist is closed for Corona. They are mailing their patients their invisalign trays and charging $75. Allowed?

My orthodontist located on the upper east side in Manhattan is closed due to corona. However, people who wear Invisalign (like me) need our next set of trays. The orthodontist said they will mail all patients their trays to their home, but they will charge everyone a universal fee of $75.00 because they don't want to have to figure out every individual shipping cost per patient and where they reside. I looked on the UPS website, and the cost to ship a 1 lb package from the UES to my home in Queens is only $14.00. Is the orthodontist allowed to pass this large fee on to its customers if it was never specified in any contract? Can they charge such a large usurious fee simply because it's their "policy"? Most patients live within the 5 boroughs.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: You raise a valid point, but the office could argue they incur packaging, handling, and other costs as a result of the measures. Unlike standard fees for duplicating medical records, something like this might not be directly addressed by health laws. The recent crisis is creating new issues for many types of business operations. Good luck

Tim Akpinar

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