Racine today filed suit against SmileDirectClub, an online orthodontics company, for requiring harmed and dissatisfied consumers to sign nondisclosure agreements NDAs to receive promised refunds. The Office of the Attorney General OAG alleges that SmileDirectClub violated District law by using NDAs to prohibit customers who sought refunds from writing online reviews, therefore misleading consumers about the safety of its products and preventing consumers from making informed purchasing decisions.
With this lawsuit, OAG is seeking a court order invalidating these unlawful NDAs and barring SmileDirectClub from engaging in unfair and deceptive business practices in the future. In addition, OAG is seeking restitution for consumers and civil penalties, fees, and costs.
SmileDirectClub is an online orthodontics company that sells clear dental aligners directly to consumers. The company markets aligners as a less expensive and faster alternative to braces and appeals to lower-income consumers. Consumers can order aligners by requesting an at-home kit that is mailed to them or by getting their mouth scanned at a brick-and-mortar location.
SmileDirectClub touts thousands of positive reviews in its marketing, but according to reports filed with the U. Food and Drug Administration by independent dentists, some consumers have suffered painful and permanent damage to their teeth as a result of using SmileDirectClub aligners. Other consumers filed complaints about SmileDirectClub with the Better Business Bureau or law enforcement, detailing how aligners damaged their teeth, caused severe pain, and how in some cases, they needed expensive dental procedures or surgery to fix these problems.
Even after the first 30 days, you can return your unused aligners for a prorated refund. Because of these practices, important information consumers would consider when deciding whether to spend thousands of dollars on SmileDirectClub products is hidden from public view.
