SmileDirectClub Hit with Class Action Over Alleged Telemarketing Texts

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SmileDirectClub, LLC faces a proposed class action over its alleged practice of sending telemarketing text messages to consumers who never consented to be contacted.

The lawsuit claims SmileDirectClub has violated the Florida Telephone Solicitation Act (FTSA), a state law that prohibits the sending of “telephonic sales calls” to consumers without securing their prior express written consent to do so.

According to the case, SmileDirectClub, an orthodontic device company who sells teeth alignment products through its website, has caused harm to consumers, including “violations of their statutory rights, statutory damages, annoyance, nuisance, and invasion of their privacy.”

The plaintiff, a Florida resident, claims to have received the following advertisement texts from the defendant in July 2021:

According to the suit, the plaintiff never provided SmileDirectClub with prior express consent to send the texts, which the case stresses were sent for the purpose of promoting the defendant’s products.

The lawsuit suspects SmileDirectClub used a computer software system to automatically send the messages to the plaintiff and other Florida residents without securing their prior consent to do so, in alleged violation of the FTSA.

The plaintiff looks to represent anyone in Florida who was sent a telephonic sales call regarding the defendant’s goods or services using the same equipment or type of equipment used to send messages to the plaintiff.

Initially filed in Miami-Dade County Circuit Court on July 20, the lawsuit was removed to Florida’s Southern District Court on August 18.

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