Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
88 thoughts onInvisalign accuses SmileDirectClub of falsely advertising care from real dentists
I’ve been using SDC aligners for over two years- a treatment that was quoted to take 3-4 months. After several touch up sets I now have a tooth that has been raised up so far the root is exposed. I consulted two orthodontists and both said they won’t even touch my teeth until I see a periodontal specialist for treatment because of the recessed gums from the aligners. I tried to pursue a refund after 1 year and was told I could only have half of my money back or I could continue treatment. Now I have to pay a lot more money to fix what SDC did to my teeth, in addition to them not giving me a refund.
I have bought the whole kit wore them for the time and steps as directed cut into gums and I have teeth that fell out
I never thought I’d be in this predicament with Smile Direct Club. They have been giving me the run around for a year. I call and complained initially, they sent several touch ups. When the touch ups didn’t fit, I got frustrated and called to request refund or discontinuation of my financial obligations. They say they would get back to me but don’t so I end up calling them back and get sent to different reps and sometimes have my calls dropped. When I finally get through, they claim their notes reflect they have notified me of a resolution which is a LIE. At one point they told me that my case would be closed based on a review that was discussed with me on a previous call which was another LIE. Each time I’ve called, It always ends with the statement of someone will call me back in 7-10 business days. Then I have to end up calling them back to get the same spill because they don’t call back. Until today….When they finally called and wanted to take more scanned photos then said ” your teeth are how we predicted”. Excluding the fact that Ive been telling them I am not satisfied from day 1 and they promised it would be satisfaction guaranteed. I want this nightmare to be over. Please add me to this class action too, these folks must be stopped before they try to take advantage of another customer!
I started SDC in December of 2020 with the understanding that the aligners would correct the gaps and straigthen out my teeth within a 6 month period. The payment plan was already factored in to the visit with the financial company that SDC has contracted with. I never spoke to anyone from the financial company all of the information was received by the associate who did the scan. Upon receipt of the aligners there were issues and within the 6 month period I had to have 3 rescans, and a visit to my dentist for tooth and jaw pain that was intense. All of this information was communicated back to SDC, and I asked for a refund 9 months in after the numerous problems. This company has a no refund policy, and they delayed the paper work for months, while the financial company continue to charge me. I am in the midst of a small claims case with them, and hoping that I can get some justice for their actions. I have also reported them to the attorney general in my state, and other agencies that govern over them. The BBB was a waste of time.
My lower teeth is about to fall off at this point, after trying multiple aligners in the past 3 years to fix my lower teeth. My tooth is extremely loose and I can’t even eat much afraid that if will completely fall off at this point. Contact smile direct and they said that after 3 year I will finally get a call from the actual dentist. Still waiting on the call to figure out what to do. At this point I just want my money back and my tooth repaired. Smile Direct Club team are not actual dentist. I wanted to speak with Dr. Okada since last year about my situation and the team only would write a note about it to Dr. Okada and I haven’t heard anything since. Now that my situation is worst they escalated the case. The worst part is that the team would recommend me to continue wearing my retainers until I hear back from them, when the cause of my tooth falling out is the retainers. They dont know what they are talking about.
PLEASE ADD ME TO THIS LAWSUIT! I started treatment in December of 2021 and my teeth are in even worse shape! All, I needed was to close a gap and now I still have the gap and spacing in my teeth.
Please add me to the class action lawsuit. My jaw and bite have been altered in a way that causes excruciating pain. Now my jaw clicks with every little movement and feels extremely tight. I’ve had a tooth chip off. The aligners cut into the gums causing recession and pain along with cutting off the blood flow to the area causing all sorts of issues. They need to be stopped.
Same here. How do we get compensation?
Sure
Well I guess some have had a bad experience using SmileDirectClub. I personally like using them and haven’t had too many complications. Even during the Covid-19 pandemic I was able to get a 3D scan and restart the treatment at no cost (had a dental emergency overseas). Yeah there were issues here and there but were very cooperative in hooking me up, sending the aligners to me in Africa. Since then I purchased multiple retainers and haven’t had any issues. While I disagree with their method of treating those who don’t fit the criteria, I would refer and continue to use them regardless. They’ve done a solid job in starting a program, to compete with these overpriced companies, that’s actually affordable to those who are afraid to smile and haven’t smiled in years. I was one of those people, I never showed my teeth. Now I can’t put them away 😂 I think SDC needs to fulfill those refunds and be allowed to continue their business with approved guidance. Invisalign just needs to step up and compete, they’re overpriced and prove your work with testimonials.
I have been trying to get a refund. And I keep getting the run around.
I started with SDC in October 2022. They said it would be a 4 month treatment. I then had a 2 month refinement. Further treatment was needed as my bite became off, 3 teeth rubbed, my jaw wouldn’t relax in a normal position, and the one tooth that needed to move hadn’t moved into position. SDC said I had reached maximum progress and denied further treatment. Leaving me with a completely jacked up mouth that was not like this when I started. I sent pictures in 6 times only to get emails from 5 different people saying to send in more pictures. I finally demanded a refund. I’m now waiting to see if I get it. I will file a lawsuit if I don’t get it.
Interested. I am in the middle of treatment and now worried!!!!!
I’m the sane and very worried 😧
I’m on 13 out of 16 I’m scared.