Can I Sue Smile Direct Club

Frustrated with your Smile Direct Club aligners? You might be wondering if you can sue. Mounting complaints of ineffective treatment and alleged injuries are fueling legal action, leaving many former customers seeking recourse.

This article breaks down the legal landscape surrounding Smile Direct Club, exploring the grounds for lawsuits, potential compensation, and steps to take if you believe you've been wronged. It's a critical guide for anyone affected by the company's direct-to-consumer teeth straightening services.

Who is Suing Smile Direct Club and Why?

Consumers and dentists alike have initiated legal battles against Smile Direct Club. Lawsuits typically center on claims of negligence, breach of contract, and deceptive trade practices.

Patients allege that the aligners caused or exacerbated dental problems, including tooth loss, gum recession, and temporomandibular joint (TMJ) disorders. The lack of in-person supervision by licensed orthodontists is a recurring theme in these complaints.

Furthermore, some dentists are suing Smile Direct Club for allegedly practicing dentistry without a license and interfering with the dentist-patient relationship.

What are the Grounds for a Lawsuit?

Several legal theories can support a lawsuit against Smile Direct Club. These include:

Negligence: Proving that Smile Direct Club owed a duty of care, breached that duty, and caused harm as a result.
Breach of Contract: Showing that Smile Direct Club failed to uphold its obligations under the treatment agreement.
Deceptive Trade Practices: Demonstrating that Smile Direct Club engaged in false or misleading advertising or business practices.
Product Liability: Arguing that the aligners were defective and caused injury.

Each case is unique, and the strength of a claim depends on the specific facts and applicable state laws.

Where are Lawsuits Being Filed?

Lawsuits against Smile Direct Club have been filed in various state and federal courts across the United States. California, Tennessee, and Alabama have seen significant legal activity.

Class action lawsuits, seeking to represent a large group of similarly affected individuals, have also been initiated. The specific venue of a lawsuit depends on factors like the plaintiff's location and the nature of the claims.

When Did These Lawsuits Begin?

Legal challenges to Smile Direct Club's business model have been ongoing for several years. The number of lawsuits appears to have increased as more customers report negative experiences.

Some cases date back to 2017 and 2018, with new complaints continuing to emerge. The longevity of these legal battles underscores the persistent concerns surrounding the company's practices.

How to Determine if You Have a Case

If you believe you've been harmed by Smile Direct Club, several factors can help you determine if you have a viable case:

Documentation: Gather all records related to your treatment, including aligner sets, treatment plans, and communications with Smile Direct Club.
Dental Records: Obtain records from your dentist or orthodontist documenting any problems that arose during or after your Smile Direct Club treatment.
Expert Opinion: Consult with a qualified dental professional to assess the extent of your dental issues and their potential connection to the aligners.

It is also crucial to consult with an attorney experienced in product liability or consumer protection law.

Potential Compensation and Outcomes

The potential compensation in a lawsuit against Smile Direct Club varies depending on the severity of the injuries and the strength of the case. Possible damages include:

Medical Expenses: Costs associated with correcting dental problems caused by the aligners.
Pain and Suffering: Compensation for physical pain, emotional distress, and psychological harm.
Lost Wages: Reimbursement for income lost due to dental treatments or related issues.
Punitive Damages: In some cases, punitive damages may be awarded to punish Smile Direct Club for particularly egregious conduct.

Settlements and jury verdicts can range from thousands to hundreds of thousands of dollars, depending on the specific circumstances.

What are the Next Steps?

If you are considering legal action against Smile Direct Club, here are the recommended next steps:

Consult an Attorney: Seek legal advice from a qualified attorney who can evaluate your case and advise you on your options.
Gather Evidence: Compile all relevant documentation, including treatment records, dental records, and communications with Smile Direct Club.
Consider Joining a Class Action: If a class action lawsuit has already been filed, you may be able to join it.
Be Aware of Deadlines: Act promptly, as statutes of limitations may limit the time you have to file a lawsuit.

The legal landscape surrounding Smile Direct Club is constantly evolving, and it's essential to stay informed about any developments that may affect your rights.

Important Disclaimer

This article provides general information and should not be considered legal advice. You should consult with an attorney to discuss the specific facts of your case.

Please note: As of December 2023, Smile Direct Club has filed for bankruptcy. This filing may affect ongoing and future lawsuits. Consult with an attorney for updated information.