SmileDirectClub Legal Investigation: False Advertising of Braces and Aligners?

Attorneys working with ClassAction.org would like to hear from anyone who purchased invisible aligners or braces through SmileDirectClub and felt they didn’t get what they paid for.

It’s believed that the company may have misrepresented a number of key components of its services – including that patients would be supervised by doctors – and defrauded consumers in the process. Scores of complaints have been posted online, including from consumers who said their teeth fell out, and now attorneys are looking to hold the company accountable for how it represented its services.

Customers Complain Online About SmileDirectClub’s Services

SmileDirectClub represents that its at-home teeth straightening treatment is “60% less than braces and Invisalign” yet safe and effective, with each patient’s treatment plan being “prescribed, directed, and managed by a state-licensed dentist” and backed by a lifetime guarantee.

Some customers, however, are complaining online that they weren’t able to get in touch with a dentist at any point during treatment. Other users said SmileDirectClub’s aligners caused even more problems for their teeth, gums and jaws – and that they’ve had to spend thousands of dollars on braces, Invisalign and other services to fix the issues.

Below is a sampling of complaints posted online by customers [sic throughout]:

I paid 2500 up front and was refunded 250 and told that was all I would get. The stories of a threatening company are real. I gave up and finished the care plan which was minimally successful. Absolutely not an option for real teeth alignment if that is what you were seeking. I had/have an overbite with space to move but their treatment failed. They will not respond to my request for more appropriate refund of fees paid for uppers and lowers and only receiving uppers. There is no professional in process evaluation, only office help which is more customer relations with only one dental tech in Nashville that has some semblance of training.”
— RI, ConsumerAffairs.com

I did the program. I called in all the time and sent pics but never got any help. They told me I should see a regular dentist. I'm like, ‘Well why am I paying you?’ They would not allow me to stop in middle. Once we saw this was not working, I was told I can always cancel. That was a lie. I told them I was not happy, and they threaten to take me to court. But I'm not happy with service. They still taking money out my account. I want every bit of my cash back, with interest.”
— A.T., ConsumerAffairs.com

To make it short & simple. The product is inferior compared to Invisalign, plus the once you buy terrible doctors on victual check ups product cracked and come unfinished they send you a nail filer to trim that says it all. If you finance them beware of if you have an issue they push you pass the 30 days to not give any refunds leave you to deal with a loan shark finance company. I have a useless product cuts my gums and now have collection on my credit. Do yourself a favor get a real dentist to evaluate and actual in person check ups and a superior product Invisalign not a 3d printer cheap aligners.”
— Osvaldo, ConsumerAffairs.com

I started this treatment in 2016. I was promised a life time guarantee to get the perfect smile. They provided me with a picture of what my smile would look like. I still have yet to achieve that after 6 years.I would like a refund. This business is a scam. It also caused me to get a clicking in my jar and undergo a lot of pain, discomfort, psychological trauma and embarrassment.”
— BBB.org

I got like 4 sets of treatments. As I end up my last set of aligners, my teeth are not aligned yet. I contacted SmileDirect 3 times asking them to touch up aligners and for a review. It was denied in every case, they say I achieved the results. That's not true, my teeth don't look at all like the 3d prediction. One of my front teeth is still out of place as you can see from the pictures. SmileDirect advertises Lifetime Smile Garantee, that is not being respected, I still find myself having monthly payments and my teeth not aligned. I think that's really unfair and I'm really dissatisfied with the final results.”
— BBB.org

The scores of complaints – including over 2,500 on the Better Business Bureau’s website – have led to investigations by the news media and sparked concern among members of Congress, who wrote a letter asking the Food and Drug Administration and the Federal Trade Commission to look into SmileDirectClub’s “questionable advertising practices” and potential to harm patients.

SmileDirectClub Hit with Lawsuits

SmileDirectClub has also been hit with at least two class action lawsuits over false advertising and fraud claims, among other allegations. The plaintiffs in the two cases argued that they had relied on the company’s advertisements before purchasing treatment plans and then experienced painful damage to their teeth as a result of using the aligners.

Both of the lawsuits were sent to arbitration, an alternative method of dispute resolution that takes place outside of court, after SmileDirectClub argued that the plaintiffs agreed to arbitrate any claims against the company, instead of filing a lawsuit, when they first signed up for their accounts. For this reason, attorneys working with ClassAction.org have decided to pursue what’s called “mass arbitration” against SmileDirectClub instead of a class action lawsuit.

So, What Am I Signing Up For?

You’re signing up to participate in mass arbitration, which involves hundreds or thousands of consumers filing individual arbitration claims against the same company at the same time. 

In general, arbitration is different from a class action lawsuit in that an independent arbitrator, instead of a judge or jury, decides on the matter.

How Much Does This Cost?

It costs nothing to sign up for the mass arbitration. The attorneys handling the matter will only get paid if they win money on your behalf, and their payment will be a percentage of the amount you’re awarded. If they don’t win, you don’t pay.

How Much Could I Get?

While nothing is guaranteed, it’s possible that those who sign up for the mass arbitration could be entitled to a claim worth hundreds of dollars.

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