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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 started smile direct club in May 2022, had a retouch in Nov. 2022. It’s now Feb. 2023, my teeth are still not straight. They will not issue a refund, offered a free retainer.
I have called and emailed three different people.
They insist I pay the full amount, but I am not happy with my results! They are making tons of money from people who try to save using them, but in the end get taken advantage of. There is no real doc prescribing the aligners.
I have canceled my debit card, contacted the federal trade commission, and plan on contacting the better business bureau.
People need to leave negative reviews, make tictoks, ig posts, fb post, YouTube videos. They need to be exposed!
Email them and tell them what they did to your teeth. They will try to tell you they need a form filled out from your Dentist/Orthodontist stating that the issues with your teeth were caused solely by wearing Smile Direct aligners, which they cannot provide because they did not make that dental treatment plan, or oversee it. Argue them down about how you are planning to start a case with the Better Business Bureau and the Federal Trade Commission. They will try to low ball you and offer you a small percentage as a refund. Tell them it’s not good enough. Request pictures of all scans that you have taken as well as impressions. They will eventually offer you a larger percentage for a refund. Don’t stop hounding them. Their goal is for you to get tired and say forget it. Keep harassing them for your money back. They will try to get you to sign a Cease agreement once you decide you want to accept what they’re offering you.
I hope this helps someone.
I used SmileDirect Club. My teeth were crooked, now they are not. They are shifting your teeth so a degree of discomfort is to be expected. My 13 year old has traditional braces and he has pain with them as well….They made it clear in the terms that the smile guarantee is contingent on continued retainer wear. They also make it clear that aftercare consists of buying a new retainer ever 6 months. I had a broken retainer and it was replaced for free. I had a retainer that didn’t fit and it was replaced for free. I needed a touch up and was approved for free. I have spoke with a representative on the phone and via chat. I cannot speak to the “real dentist/orthodontist” claim as I never tried to speak with one but when I was needing the touch up, I spoke with a rep via chat, submitted pictures that had to be reviewed before approval.
Also, it’s not unheard of to not be able to speak directly to the provider. This is something that is common in healthcare. You speak with a “middle man” but unless you are dealing with small town providers, they aren’t making calls themselves as they are busy doing business that is on their pay grade, not making phone calls to patients to provide them with information, especially when it’s not life threatening info.
Add me to this please. I have had issues with smile direct also. It’s impossible to contact them and they charge for the extra retainer to wear after treatment, according to them they guarantee your smile for a life time but only if you continue to wear the night retainer for ever. How can I get another one when I can’t even contact them and I can’t see any of my account details now and how much I have paid them. They take the money every month. I want to stop payments but to scared they will send dept collectors. Very sad for all the promises they made to me and many others.
Started treatment October 2020 did what I was supposed to and the moment I leave the retainers out longer then a couple hours my teeth shift back to where they where if not worse then when I had started. They also don’t offer replacements if they break or crack and the moment that happens they are no good.
How can I get on to this class action lawsuit, in 2018 we went to so call Smile Direct so call office in Pasadena CA. Sale person promised that my daughter teeth will be straighten with in 8 to 10 weeks. I pacifically ask that she is only concern 1 tooth that is sticking out. The sale person wasn’t for sure, so she ask the manger. He came out and said that nothing, it will be taking care of. After 6 month of service, my daughter tooth still the same. We when back for check up and ask numerous time about the tooth. They just keeps saying it will be readjust at certain point. 2 months later, when we when back for another check up. They said their is nothing they could do to fix that one tooth. Believe me I was piss, wasted time and money. I ask for refund for misrepresentation, they originally promised for full refund. Months goes by nothing, I call them for again and got the run the around. Then they said since we have used their service, they can’t refund any. Only wont charge me for the rest of the payments and that’s BS. They have send a collection for the rest of the payments. For anyone that read this, please think twice before you sing up with them.
Please add me I used Smile Direct .
This place took my $$$ and my teeth are no better than before
I used to be a “store manager” there. Very sketchy. It’s only about sales and they should never be trusted or even associated with providing any kind of care. We were highly trained with sales tactics – you can say no!!!
I definitely would like to be added to this. Smile Direct advertised that their process was under the supervision of an orthodontist. I honestly don’t think this was the case. I signed up for Smile Direct, and a couple of times throughout the process, I called to talk to a dentist or orthodontist and was specifically told that I would “never be able to talk to a dentist by calling this number.”
I used and paid in full. Most of them was warped they sent me new one after a few they were warped. It helped some but not the way they advertised. I was dissatisfied and disappointed after paying that kind of money. Please add me
Same! Among other things. How do I go about joining this suit?