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. Shannon Kungle says:

    I paid about $2400 in full for smile direct for my daughters teeth, it was costly, painful for her and they didn’t do anything to fix or straighten her teeth. I feel like I was ripped off.

  2. Donna Churchill says:

    I tried Smile Direct bc they said they were the same as Invisalign but less expensive. They told me a dentist evaluated the X-rays they took.
    This product did nothing to straighten my teeth. I tried talking with their customer service about the pain or the trays getting stuck but it seemed I got automated answers. The store I fit them from said I had to go through the customer service. What a waste of $3000. My current doctor tries to push Invisalign on me for $5000 but too gun shy to try again.

  3. Ginger says:

    Paid for this for my 16 yr old daughter didnt help

  4. Ariyon says:

    Please add me

  5. Marina says:

    I would like to be added as well I used smile direct club after braces so I could fix minor shifts from losing my retainers. Smile direct club ruined my teeth. It cause grinding skipping and made them even more crooked. I had pay thousands of dollars to fix the damages.

  6. Vicky Wray Keisling says:

    Add me please. I’m currently being treated by Smile Direct

    1. Jennifer White says:

      I was a smile direct patient and the product did not work and was very costly in terms of time and money. This product gives false hopes.

      1. Maureen Seepaul says:

        I am still having issues with SmileDirect.

  7. Al Spina says:

    Please add me as well. My wife paid a lot of money for her Invisaligns.

    1. Brittany says:

      This lawsuit is for Smile Direct Club aligners – not Invisalign.

  8. James Malone says:

    Add me too. My wife used them.

  9. Lyshonda king says:

    Add me please smile direct club

  10. Charlie Lytle says:

    I have used Smile Direct Club since 2019. They have not improved my smile at all. I actually was recorded for training as one of the first patients when they opened their Asheville, NC office. At no time did they say my age, or any additional problems would make it difficult to correct my smile. However, it’s been years using their retainers and I have not improvement. I’ve had promises that my teeth would improve and excuses that my age and the fact teeth often don’t move with age are a factor. Also I have what is known as a cross bite, which was never mentioned to me. I am now looking at additional dental work because of problems caused the their retainers. If there is a lawsuit, I would like to know more about it

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