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Align Technology SmileDirectClub Invisalign Class Action Lawsuit Overview:
- Who: A federal judge denied Align Technology’s motion to dismiss a class action lawsuit filed against it by Misty Snow.
- Why: Snow claims an agreement made between Align and its competitor SmileDirectClub violates antitrust laws.
- Where: The class action lawsuit was filed in California federal court.
A reworked class action lawsuit alleging the makers of Invisalign monopolized the market will be allowed to proceed after it was given the okay from a California federal judge on Wednesday.
Plaintiff Misty Snow claims an agreement between Align Technology Inc. and its competitor SmileDirectClub violates antitrust laws and monopolizes the market for invisible plastic aligners.
Further, Snow claims Align controls at least 80% of the invisible plastic aligner marketplace, allowing the company to overcharge consumers for its Invisalign product, reports Law360.
In denying Align’s motion to dismiss, the judge sided with consumers in allowing claims under 11 state laws and the federal Sherman Act to proceed, however claims under four states were trimmed from the complaint.
“Given the power imbalance between Align and SmileDirectClub, there was no reason for Align to restrain itself to induce SmileDirectClub to come to the table,” the judge wrote.
The amended version of the complaint, which the judge had previously asked class counsel to clean up, reports Law360, included new allegations that Align and SmileDirectClub had conspired to take over their individual invisible plastic aligner markets.
Snow claims Align agreed not to compete in the dentist-directed market, while SmileDirectClub allegedly agreed not to compete in the direct-to-consumer market.
Align Argued Terminology Used In Complaint Not Precise Enough
Align had attempted to get the claims dismissed by arguing that some of the terminology used was not precise enough; namely that “$3 billion” and “multi-billion dollars” were used interchangeably, the company argued.
“This and other instances of inartful pleading do not warrant dismissal,” the judge wrote. “While the complaint may have benefitted from an additional round of edits, Align’s argument that these statements doom the plaintiffs’ claims is frivolous.”
The judge also disagreed with Align’s argument that the Class didn’t “plausibly allege a threat of future harm,” and thus didn’t have standing for injunctive relief under the Sherman Act.
In December, SmileDirectClub stockholders urged a federal judge to reconsider the dismissal of their claims that the company committed securities fraud following its IPO.
Have you ever purchased Invisalign invisible plastic aligners? Let us know in the comments!
The plaintiff is represented by Steve W. Berman and Rio S. Pierce of Hagens Berman Sobol Shapiro LLP.
The Align Technology SmileDirectClub Invisalign Monopoly Class Action Lawsuit is Snow, et al. 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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36 thoughts onInvisalign Makers Must Face Claims It Monopolized Market For Clear Plastic Aligners
Please add me. I paid $1700.
Please add me, I tried these and they would not stay in my mouth!, I couldn’t talk without them falling out or eating was impossible.
The Invisiline people sent me new ones but the story was the same. I cancelled but they still want me to pay $181.00 for the ones I did try to use.
If this is nationwide and not just California, please add me (from Michigan). I still have the box of aligners. Never finished the “treatment”.
add me
Please add me to the list
I just found out I need over $10,000 in Periodontal gum graft due to Invisalign.
Please add.
I wore Invisalign for over 2 years- had troubles for most of that time with tingling and constant aggressive gum recession. Ended up becoming allergic to plastic in my mouth! Cannot put anything related to plastic in my mouth. Seeing multiple drs as it triggered some sort of autoimmunity along with developing granulomas over lymph nodes (I’m termed I’ll get lymphoma!)and so much inflammation in mouth and eyes I am developing cataracts! Have been referred to Mayo Clinic as no one knows how to deal with this. I believe Invisalign and plastic retainer ruined my health and I’m trying desperately to find medical help. Have read of so many people with health issues related to allergies to Invisalign, etc. Now I find this-that they possible conspired to overcharge consumers while creating a product that is full of toxins!
I wore iInvisalign and regret it please add me.
Please add me
I have invisalign now. Had it since 2020 and still is not working. I was supposed to be done October 2021. I didn’t know of other options other than braces. I paid $5000 for mine.