Jessy Edwards  |  May 4, 2021

Category: Beauty Products

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Invisalign Holds Monopoly and Overcharges Customers, Class Action Alleges

The company that makes Invisalign, the teeth straightening product, has been overcharging consumers through its stranglehold on the market, a new nationwide class action lawsuit alleges.

Plaintiff Misty Snow filed the class action lawsuit against Invisalign manufacturer Align Technology Inc. Monday in a California federal court. 

In the class action, Snow, an Invisalign buyer, says Align has for the last several decades gained control of at least 80 percent of the aligner market through its massive patent holdings and litigious nature against potential competitors. 

“Align had been able to charge high prices and earn high profit margins on Invisalign because the product was protected by a thicket of hundreds of patents that Align wielded aggressively to protect its Aligner monopoly.”

However, as the patents began to expire in 2017, Snow alleges Align implemented an anticompetitive scheme to maintain its monopoly position. 

She alleges Align created a digital scanner that dentists use to scan clients’ mouths. These digital images are then used by aligner manufacturers to create individualized aligners for patients.  

While other scanner producers allow dentists to order aligners from a range of different companies with the scan, Align’s product imposes substantial costs on dentists who attempt to use the iTero for ordering aligners that are not manufactured by Align, she says.

“Align’s anticompetitive scheme was designed to monopolize the Scanner and Aligner markets, creating a self-reinforcing cycle where Align’s dominance of the Scanner market ensured continued dominance of the Aligner market,” the class action states.

Snow says the practice violates the Cartwright Act and California’s Unfair Competition Law. 

She adds that a rival aligner manufacturer looking to compete against Invisalign would have to offer below-cost prices to offset the penalties and overcome the restrictions Align has placed on its customers through its alleged scheme. 

However, ultimately, it is the customer who suffers, Snow says. 

“It is Plaintiffs, consumer purchasers of Invisalign Aligners, who have paid the price for Align’s anticompetitive scheme through supracompetitive prices on Invisalign Aligners.”

This is not the first lawsuit Align has faced over similar allegations. In 2019, a class action lawsuit alleged the company knew that maintaining a monopoly on intraoral scanners would influence dental practices to use the matching brand of dental aligners, prompting them to to artificially increase prices and maintain control over the industry.

Snow seeks to represent a nationwide Class of people who bought Invisalign aligners from March 15, 2015. She is also looking to represent a subclass for Invisalign buyers in 25 states including Florida, Washington and Massachusetts.

She is seeking an injunction, damages, fees, costs and a jury trial.

What do you think of the allegations in this class action lawsuit against Align? Let us know in the comments! 

Snow is represented by Steve W. Berman and Rio S. Pierce of Hagens Berman Sobol Shapiro LLP.

The Align Invisalign Monopoly Class Action Lawsuit is Misty Snow v. Align Technology Inc., Case No. 3:21-cv-03269, in the U.S. District Court for the Northern District of California.

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26 thoughts onInvisalign Company Holds Monopoly and Overcharges Customers, Class Action Lawsuit Alleges

  1. Connie J. Robertson says:

    Hello, I paid greater than $6,300 for Invisalign and followed the instructions religiously. Several of my teeth never responded to the corrective devises. I too want to know what my options are for compensation for a defective product.

  2. Suzy Myers says:

    Hi. How would I know if I was over-charged or not? Just wondering who sets the price; the manufacturer, the orthodontist or? Please add me as I am curious. Thank you!

    1. Melissa Cruz says:

      I paid about 5,000 and my teeth aren’t any the better. Add me to any lawsuits or settlements I qualify.

  3. Soniya G says:

    I used it and it was so expensive plus the result is horrible.

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