SmileDirectClub Kept Texting People After Being Told to Stop, Class Action Alleges

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SmileDirectClub TCPA Class Action Lawsuit Overview:

• Who: An Oklahoma woman is suing SmileDirectClub.
• Why: The woman says she received multiple text messages from the company without her consent, despite telling the company to stop, in violation of national telephone laws.
• Where: She seeks to represent a nationwide Class.

SmileDirectClub kept sending annoying marketing texts to people around the country, even after being told to stop, a new nationwide class action lawsuit alleges.

Lead plaintiff Jennifer Holt filed the class action lawsuit against SmileDirectClub, LLC in an Oklahoma federal court Nov. 15, alleging the company violated the Telephone Consumer Protection Act (TCPA).

“To promote its services, Defendant engages in unsolicited marketing, harming thousands of consumers in the process,” the lawsuit claims.

Holt says, starting in September, she started getting text messages from SmileDirectClub. She tried to use the company’s instructions to reply to “STOP” the messages, but they kept coming, she says.

“Despite Plaintiff’s use of Defendant’s preferred opt-out language, Defendant ignored Plaintiff’s opt-out demand and continued to send Plaintiff further text messages.”

SmileDirectClub Class Action Wants Co To Stop Messages, Pay Fines

Holt says she is seeking injunctive relief to halt SmileDirectClub’s alleged illegal conduct, plus damages, fees, costs and a jury trial. She’s looking to represent anyone in the United States who continued to get messages from the company after requesting they stop. 

She says she is seeking up to $1,500 for each call made by SmileDirectClub in violation of the TCPA, for a total of more than $5 million across a proposed class that numbers in the “tens of thousands.”

The lawsuit comes after SmileDirectClub agreed to pay an $11.5 million class action settlement to certain customers who claim to have received unsolicited text messages from the company.

Sign up to join a telemarketing class action lawsuit investigation here (links to paid attorney advertising). 

The plaintiff is represented by Andrew J. Shamis of Shamis & Gentile, P.A., and Scott Edelsberg of Edelsberg Law P.A. 

The SmileDirectClub Oklahoma Class Action Lawsuit is Jennifer Holt v. SmileDirectClub, LLC, Case No. 6:21-cv-00344-KEW in the U.S. District Court Eastern District of Oklahoma. 

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