SmileDirectClub telemarketing $2.95M class action lawsuit settlement

SmileDirectClub agreed to a $2.95 million class action lawsuit settlement to resolve claims it violated Florida telemarketing laws with unsolicited text messages.

The settlement benefits Florida residents who were sent a text message regarding SmileDirectClub services between July 1, 2021, and Dec. 30, 2022. 

Plaintiffs in the telemarketing class action lawsuit accused SmileDirectClub of bombarding them with unsolicited texts advertising the company’s services. According to the complaint, these texts violated the Florida Telephone Solicitation Act.

SmileDirectClub is a teeth-aligning service that sends kits directly to consumers’ homes instead of requiring them to see an orthodontist. 

SmileDirectClub hasn’t admitted any wrongdoing but agreed to a $2.95 million class action settlement to resolve these claims.

Under the terms of the SmileDirectClub class action lawsuit settlement, class members can receive an equal share of the net settlement fund. 

According to the settlement website, class members will receive $140.47 each. Actual payments may be higher or lower depending on the number of participating class members and the amount deducted in fees.

The deadline for exclusion and objection is March 16, 2023. 

The final approval hearing for the telemarketing settlement is scheduled for June 20, 2023.

To receive settlement benefits, class members must submit a valid claim form by May 10, 2023.

Who’s Eligible

Florida residents who were sent a text message regarding SmileDirectClub services between July 1, 2021, and Dec. 30, 2022

Potential Award

$140.47

Proof of Purchase

N/A

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

05/10/2023

Case Name

Borges, et al. v. SmileDirectClub LLC, Case No. 162151576, in the Ninth Judicial Circuit Court in and for Orange County, Florida

Final Hearing

06/20/2023

Settlement Website

SDCFTSASettlement.com

Claims Administrator

Borges v. SmileDirectClub, LLC
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
info@SDCFTSASettlement.com
833-709-0095

Class Counsel

Scott A Edelsberg
EDELSBERG LAW PA

Andrew J Shamis
SHAMIS & GENTILE PA

Manuel S Hiraldo
HIRALDO PA

Ed Normand 
Jacob Phillips
NORMAND PLLC

Defense Counsel

Mark S Eisen
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP

Jordan S Kosches
GRAYROBINSON PA