Top Class Actions  |  March 31, 2021

Category: Closed Class Actions

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A person checks their messages on their smartphone - smiledirectclub class action

A $11.5 million SmileDirectClub class action settlement will benefit certain consumers who claim to have received unsolicited text messages from the company.

Included in the settlement is anyone in the United States who received one or more text messages that may have included advertising or telemarketing under the Telephone Consumer Protection Act (TCPA) from SmileDirectClub between July 7, 2016, and Feb. 4, 2021.

The text messages covered by the settlement were allegedly sent by or on behalf of SmileDirectClub LLC and/or SmileDirectClub Inc., and related to SmileDirectClub.

Plaintiffs in the SmileDirectClub class action lawsuit accused the company of sending consumers marketing text messages using an automatic dialing system without consent, which violates the TCPA.

The defendants have denied all allegations of wrongdoing.

The Court has not ruled in favor of either party in this case, but both parties believe the settlement is in Class Members’ best interests.

SmileDirectClub is a telehealth platform that sells teeth-straightening orthodontic devices to consumers, according to the company’s website. The company has more than 1,000 partner network dental office locations, with hundreds of dentists and orthodontists and thousands of employees around the world.

Class Members who file a valid claim form, either online or by mail, in the SmileDirectClub class action settlement are expected to receive a maximum payment of $10. 

However, that amount could be lowered depending on the number of claims filed and other factors.

Claimants will be able to choose whether they receive their payment via paper check or electronically via Amazon or PayPal.

Class Members in the SmileDirectClub settlement also have the option of filing a revocation request in order to opt out of receiving future texts and calls from the company.

Valid revocation requests must be filed online, and Class Members will be required to provide their full name and the phone number or numbers at which messages from defendants have been received.

Submitting a revocation request will not exclude the Class Member from participating in the SmileDirectClub settlement and does not constitute an objection to the settlement.

A fairness hearing on the SmileDirectClub settlement will be held May 19, 2021.

The deadline for Class Members to exclude themselves or object to the settlement is May 4, 2021.

Claim forms must be submitted by June 28, 2021.

Who’s Eligible

Anyone in the United States who received one or more text messages that may have included advertising or telemarketing under the Telephone Consumer Protection Act (TCPA) from SmileDirectClub between July 7, 2016, and Feb. 4, 2021.

Potential Award

Up to $10.

  • Class Members who file a valid claim form are expected to receive a payment of $10.
  • That amount could be lowered depending on the number of claims filed and other factors.
Proof of Purchase

No proof of purchase is required for this settlement.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/28/2021

Case Name

Benbow, et al. v. SmileDirectClub LLC, et al., Case No. 2020CH07269 in the Circuit Court of Cook County, Illinois

Final Hearing

05/19/2021

Settlement Website
Claims Administrator

Benbow v. SmileDirectClub Settlement Administrator
P.O. Box 43197
Providence, RI 02940-3197
1-844-917-2014
admin@sdcitcpasettlement.com

Class Counsel

HEDIN HALL LLP

BURSOR & FISHER PA

Defense Counsel

BENESCH FRIEDLANDER COPLAN AND ARONOFF LLP

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54 thoughts onSmileDirectClub Unwanted Texts $11.5M Class Action Settlement

  1. Pat Boyd says:

    I have had no appointments with Smile Direct Club but they kept sending me emails every day two or three, when I told them to stop the emails and tried unsubscribe within a day or two I had a full page of nothing but them and 3/4 of the next page, no other emails between theirs. I saved them so if you would tell me what options are available, I would like to take action as a single case.

    1. Alice says:

      I have been getting 9 spam messages a month since last April if a new class action starts for this company I would like to know thank you

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.