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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. The so-called assigned dentist would not respond to me or to my insurance company. I paid the full amount upfront to avoid the hefty finance charges–well over $2000. Smile Direct customer service representatives were USELESS. I tried to tell the office reps that I had other cosmetic dental repair that might affect the Invisilign process, but they never addressed these concerns, so the top trays NEVER fit. I got tired of going back and forth with these people, and gave up. I finally went to a REAL dentist and the mess resulting from using the Smile Direct Club process was corrected. I was waiting for a class action suit regarding this company. It was a fake and a huge waste of time, effort, and money!!
My son has surface cavities on all of his back teeth and it’s Cost me over 4k to repair from the damage of wearing the smile direct plastic that they claim they were supposed to be sending all this equipment with the treatment and they never did. They played so many games and it’s costing me so much money. There are no dentists that do anything to your teeth when your getting started in the program. I want to file a lawsuit against these people too… someone contact me.
Cavities are not caused by the aligners. Cavities are caused by your son not brushing and flossing.
It’s going to cost me over 4K to repair the damage Smile direct aligners caused to my teeth. I have pain and sensitivity on almost all of my teeth now and my bite needs to be corrected. I chose to go with smile direct rather than Invisalign because my teeth weren’t really that crooked to begin with. I just wanted a little bit of a shift on my top teeth and decided to give smile direct to try. I felt reassured by smile direct about their guarantee and that my progress would be monitored by an actual doctor/dentist. Well, fast forward now I have issues with my teeth that I did not have before and smile direct told me nothing further could be done on their end because my treatment program was finished. I experience pain and discomfort every day now and throughout the night. I decided to do an Internet search to see if anyone else was having this problem and I came across this site. It’s going to cost me more than what I paid for smile direct to fix this problem. I want my money back and my teeth to go back to normal.
I have had a terrible time with smile direct as all of these others have. My jaw doesn’t sit right and I constantly have a tight left side of my jaw now. I had to stop wearing the aligners at the end of my (second) round of treatments because the polyurethane was aggravating my throat and mouth and I was constantly hoarse for 6 months straight! I finally gave up on wearing them and my voice came back, but now my teeth are all crooked again and my jaw is messed up now. I managed to hound them consistently and get a 50% refund, but I’m still $1000 in the hole for nothing :(
Add me to the lawsuit list please!
I used them and they didn’t fix the spaces in my top teeth. Told me I had a condition called “black diamonds” that prevented my top teeth from completely closing. When I asked about the treatment after I was on the retainer portion they said “They would refer me to a real dentist” but I would have to pay for it.
Please add me to this lawsuit. I have tons of emails to prove my many claims. This company is a joke, they lie, push you off and I’ve been with them for over 2 years when my treatment was for 4 months. Teeth still aren’t straight, worse than they were and they refuse to address this or refund me. They just ignore and push me off to the next person or hang up on me. I’ve asked for another dentist which I didn’t get, I could go on for over 2 years worth of hell! Went to a local orthodontist who can prove what now needs to be done on my teeth to fix all these issues! I used sdc aligners as directed as well! We need to stop this company from doing this to others and misleading them and stealing their money basically. It’s not ok! Over 2 years of my life and we’ll over $2k gone and wasted. They refuse to address any issues even when I am nice and calm on the phone which isn’t easy after all this but only way someone won’t hang up on you. This is all unacceptable. I want my full refund and they should have to pay a real dentist to fix the problems I now have because of them!
Please add me to the case. I have had 3 sets of aligners and still NO change to my teeth. The braces are not fit for purpose and I want my money back. I’ve requested a refund twice and I’m just being ignored
Bridgette Santiago : I am a victim of smile direct. I wore the retainers as directed and they’ve done more damage to my teeth to include a loose front tooth, crooked teeth, a huge gap in my front teeth which I never had, infection, pain etc. I’m left with an embarrassing smile
I would like to be added. I was never even able to contact my dentist and now I owe money along with teeth worse then before.
I have similar misrepresentation and bad interactions with Smile Direct Club. Please add me to your class action list.
How can I be added to this?
I started with Smile Direct Club in June of 2020. We are currently in March of 2023. I have had 2 sets of aligners and about 3+ touch up kits because my aligners were never fitting correctly. However, when I requested to see my Orthodontist they said I would have to find a dentist. That was not what was advertised or stated by any of the individuals who work there. My teeth are no where near straighter than what they were before. I spent money that I could have used on regular braces. Now I am fighting with them about my retainers and a new charge of $250 because I am not in my “lifetime” warranty. I am not backing down from either getting a refund or doing more than the arbitration that’s in the contract. I am willing to go against this!
Please add me to the lawsuit. I purchased in December 2022. I’m on my second aligner and have attempted to gain access to the dentist overseeing my case. I have been transferred to individuals in both India and South Africa who claim they are authorized dental representatives. After reading all these reviews, please add my name to this lawsuit.
Hello, please add me – I had them and didn’t work. Even got a letter from my dentist.