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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
I used smile direct. Never talked to an actual dentist. When treatment was finished wasn’t satisfied with end results. I feel my treatment should have been longer. Also before accepting them they said my insurance eould cover 900.00 of the total. After I signed up my insurance company said they didn’t so I am stuck paying for the whole amount. I wouldn’t have tried them if I knew that. Expensive for me.
Several years ago I went through their program without ever seeing anyone in person. I did notice improvement but when I no longer did, I was told that they could no longer help me. If I wanted them to keep trying with no guarantee then I would have to add $.
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I completely agree with the lawsuit. I contacted the DirectSmileClub asking for details. I was told they will gladly accept the insurance. However they only accept one form of “insurance” which is Care credit card. What a ridiculous statement! Care credit is not an insurance! So pretty much no insurance will accept them and won’t pay for their services because you will never see an orthodontist when you use them. I went with Invisalign and I’m really happy about it. I’m lucky that my insurance has a good negotiated rate for Invisalign and on top of that covers 75% of the cost. However, I know that many other insurances do not offer as generous coverage for Invisalign. It is very costly service and that is really not fair to patients.
Same here, my teeth are still not fixed and never saw an orthodontist. Still making payments.
I bought this for my husband and he has gone through 2 additional rounds after he was supposed to be done. Still no real change. So glad this was started. I was saving all my documentation
I had this in 2020 and my gap did not close. I did 2 oral scans. Only to be told I needed oral surgery. I had this big purple box with all these useless aligners. Waste of my time and money. I’m looking into braces now.
I had them as well and they did nothing for me huge waste of time An I could never talk to my dentist
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Add me. I am currently having issues with SmileDirect. My treatment was for two years and it’s still going on. Treatment started in 2016. The treatment has caused me to have an overbite I never had. Still have gaps in my teeth. I constantly keep getting retouches. To this day issues not fixed.
Please add me. I was told they had ortho to consult with
I decided to let my daughter try this out because she had an gap in the front of her teeth. The moment she received them her teeth were hurting. They were hurting so bad that she forced herself to wear them at least 4 months. When she tried contacting the suppose to be dentist there was no response. So she stop wearing them.
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