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SmileDirectClub text messages class action overview:
- Who: A California man is suing SmileDirectClub.
- Why: He says the company harassed him with unwanted text messages, in violation of the law.
- Where: The SmileDirectClub class action was filed in a California federal court.
SmileDirectClub sent an “automated barrage” of unwanted text messages to a California man, in violation of the law, a new class action lawsuit alleges.
Plaintiff Tom Hicke filed the class action lawsuit against SmileDirectClub LLC Sept. 30 in a California federal court, alleging violations of the Telephone Consumer Protection Act (TCPA).
According to the lawsuit, beginning around March 2022, SmileDirectClub contacted Hicke on his cellphone in an effort to sell or solicit its services. The contact began with text messages sent on March 5, and did not stop there, the lawsuit alleges.
Hicke says he asked SmileDirectClub on at least one occasion to cease sending him text messages.
“However, Plaintiff’s efforts to get Defendant to cease its automated barrage of solicitations were to no avail, and Defendant continued to harass and annoy him with text messages.”
SmileDirectClub text breached TCPA, class action states
Hicke says his experiences with the company, especially his experience of being called after expressly requesting the complaint cease all calls to him, shows SmileDirectClub lacks reasonable policies and procedures to avoid the violations of the TCPA.
For example, SmileDirectClub used an “automatic telephone dialing system” to sell or solicit its business services, in violation of the act.
He’s looking to represent anyone in the United States who received any telemarketing telephone calls or text messages from SmileDirectClub through the use of any automatic telephone dialing system or an artificial or prerecorded voice when the person had not consented to being contacted.
Hicke is seeking $1,500 in damages for each call in violation of the TCPA, which, when aggregated among a proposed class in the thousands, he says exceeds the $5 million threshold for federal court jurisdiction. He’s also seeking a jury trial.
In 2021, SmileDirectClub was hit with a class action lawsuit alleging it kept sending annoying marketing texts to people around the country, even after being told to stop.
Have you had an unwanted text message from SmileDirectClub? Let us know in the comments!
The plaintiff is represented by Todd M. Friedman of Law Office of Todd M. Friedman.
The SmileDirectClub class action lawsuit is Tom Hicke v. SmileDirectClub LLC et al., Case No. 3:22-cv-01477-BEN-AHG in the U.S. District Court Southern District of California.
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15 thoughts onSmileDirectClub class action claims company sends unsolicited text messages
Ad me I’m in California and I to receive these automated text an calls
Harrased with email and phone calls,for last 14 months and have now ruined my bite,what a waste of money,time,anxiety and depression,add me please
Not only do they harass you, but the entire company is a scam and they ruined my teeth! I would love to join this suit!
Add me