Anne Bucher  |  January 9, 2023

Category: Legal News

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Close up of the SmileDirectClub website - SmileDirectClub lawsuit
(Photo Credit: Karol Ciesluk/Shutterstock)

SmileDirectClub lawsuit overview:

  • Who: The creators of Invisalign filed a lawsuit against SmileDirectClub.
  • Why: SmileDirectClub allegedly falsely advertises that its clear plastic aligners will straighten teeth under the supervision of real dentists.
  • Where: The Invisalign lawsuit was filed in California federal court.

The creators of the Invisalign teeth correction system allege in a lawsuit that competitor SmileDirectClub falsely advertises its affiliation with real dentists and orthodontists.

Align Technology Inc. filed the lawsuit Jan. 3, claiming that SmileDirectClub “is a company built on a lie.”

The lawsuit claims SmileDirectClub advertises its services with fraudulent claims, leading consumers to believe that its patients receive real medical care from dentists and orthodontists.

It also names SmileDirectClub investors and principals are also named as defendants.

SmileDirectClub falsely advertises product as equivalent to Invisalign, lawsuit claims

The Invisalign lawsuit says the Invisalign system “empowers dentists and orthodontists” to straighten teeth with clear plastic aligners instead of wire-and-bracket braces.

SmileDirectClub allegedly launched a direct-to-consumer teeth alignment system that purported to offer patients an equivalent product that used real dentists to monitor and treat customers virtually.

However, some SmileDirectClub patients allegedly attempted to reach out to their assigned dentist only to find that the dentist denies they are an actual patient. When they consult with a real dentist or orthodontist to fix the damage caused by SmileDirectClub aligners, the dentists have allegedly been “appalled” that the patients were approved for treatment, according to the lawsuit.

SmileDirectClub allegedly forces dissatisfied customers to sign non-disclosure agreements and agree to arbitration to resolve disputes if they want a refund, using these “legal tricks to keep them quiet.”

The SmileDirectClub lawsuit claims the defendants deceive federal regulators, shareholders and insurance companies about the effectiveness of its alignment systems.

Align Technology alleges the SmileDirectClub’s false claims have not only caused significant harm to its patients but also caused a drop in Invisalign sales. It claims SmileDirectClub has spent tens of millions of dollars targeting potential Invisalign customers with false representations.

The Invisalign lawsuit asserts claims for false advertising, unfair competition, wire and mail fraud and violations of Arizona’s anti-racketeering law.

Align Technology itself is facing a class action lawsuit alleging it monopolized the market for invisible plastic aligners.

Have you used Invisalign or SmileDirectClub invisible plastic aligners? Tell us what you think of the SmileDirect lawsuit in the comments!

Align Technology is represented by Clement L. Glynn and Adam M. Rapp of Glynn Finley Mortl Hanlon & Friedenberg LLP and Rebecca Weinstein Bacon, Luke C. Beasley, Jameson R. Jones and Joseph W. Doman of Bartlit Beck LLP

The SmileDirectClub lawsuit is Align Technology Inc. v. SmileDirectClub LLC, et al., Case No. 3:23-cv-00023, in the U.S. District Court for the Northern District of California.


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88 thoughts onInvisalign accuses SmileDirectClub of falsely advertising care from real dentists

  1. KATHY M MARKHAM says:

    Smiledirect has mislead alot of people including me. Took our money and now no more support or life warranty

  2. Kathy Markham says:

    I thought I was followed by a dentist. Now I also ordered retains on a special they advertised and didn’t get retainers. Also now no warranty since they filed bankruptcy. They were still advertising and selling knowing they were going into bankruptcy. Very sad after multiple purchases!! Please help and add me!!!

  3. Maria Naclerio says:

    Hello, my daughter had and she didn’t see any benefits. Now they filled Bankruptcy, are we getting our money back?

  4. Helen Burns Vasques says:

    There is no real doctor who interacts with me as a patient of smile direct, I’m really more of a mail order customer which has been disappointing at best. I do the impressions myself at home, I’ve had a chip in my back molar from the aligner rubbing it at night. Because it didn’t happen in the first 30 days, they wouldn’t give a full refund. I only get to speak to customer service reps in South Africa who I can barely understand. Smile Direct is a rip off and falsely advertises. I’m trying to save money to see a real orthodontist now and finish the job.

    1. Kathleen Fuller says:

      I seen a doctor in Napa California by request of my regular dentist to consult that orthodontist in Napa and I did. They took crazy of my mouth and then took me into another room to show me and my husband the pictures of my teeth and how terrible my jaw line was and told me that he could correct my bite and my teeth. They presented me with a estimate of 7200.00 to fix my mouth and 24 months of treatment I’m still wearing my retainer that they made there, my bite is better but my teeth has more gaps or spaces and the material they used for the tags they put on my teeth has left my teeth feeling ruff and everything thing clings to them and with that I’m unhappy with, I felt like I was promised more prettier teeth and even. The agony of wear those ligners for that long damage my teeth and aslo I have scaring from the lingers in my mouth

  5. Jacks says:

    I’m on 13 out of 16 I’m scared.

  6. Aretta Porter says:

    I did the smile direct club aligners with the promise that it would fix my teeth by bringing them together and not having big gaps in the front of my teeth. However it helped a little bit but did not fix my issues. My teeth still have small gaps and I evem called about my concern and was told to buy another impression kit to get more info. The first time doing it should have fixed it as promised.

  7. Millenea says:

    I’ve experienced both Invisalign and Smile Direct Club more recently.

    I originally had Invisalign which gave me a perfect smile in a shorter time than traditional braces under the supervision of a local orthodontist.

    Last year, I invested in Smile Direct Club after accidentally throwing away my retainers. I was drawn by the promising guarantee of a perfect aligned smile and lifetime warranty. Sadly, I wasted my money and my teeth are slightly better with a small gap that never closed all the way again. I bought this to the attention of SDC, only for them to deny me 2 times. I finally got approved and the results weren’t much different than the first time.

  8. Kc says:

    Well all of these comments just made me throw out the impression kit. I won’t be doing this with SDC. thank you all for your input & I hope your issues get resolved!

    1. Penny says:

      I wish I had seen this before I ordered. Now getting the run around and no one helping me with a treatment plan that isn’t working. They have certainly got tactics to make it difficult and make people give up. Very annoyed.

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