SmileDirectClub Unwanted Telemarketing Texts Class Action

SmileDirectClub, Inc. and SmileDirectClub, LLC (SDC) are “teledentistry” companies that offer their services and products online and at brick-and-mortar locations. The complaint alleges that the companies violate the Telephone Consumer Protection Act (TCPA) by sending automated text messages to consumers.

The two companies are directly related: SDC, Inc. is a holding company that owns SDC Financial; SDC Financial owns SDC, LLC. The complaint alleges that the two companies named as defendants in this case are jointly responsible for the telemarketing it complains of.

The complaint alleges that the companies use non-defendant Twilio “to enable them to programmatically make and receive phone calls, send and receive text messages, and perform other related communication functions using its … dialing technologies.” In other words, they have Twilio send out their telemarketing texts.

The complaint quotes a statement from previous case: “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.”

When the TCPA was passed in 1991, a Senate sponsor called robocalls “the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone right out of the wall.”

The TCPA forbids telemarketers from placing non-emergency calls to consumer cell phones, using automatic dialing systems or artificial or prerecorded voices, unless the telemarketer has the consumers’ prior express written consent to receive the calls.

This case is brought by four plaintiffs, Dawaun Lucas, David Dominguez Hooper, Mete Tasin, and Reejaunte Smith, all of whom received unwanted text messages from SDC.

For example, Lucas, Hooper, and Tasin each received a message beginning, “SmileDirectClub: ! Your smile plan expires in 1 week ! Use code END150 to get $150 off invisible aligners…” and another beginning, “SmileDirectClub: Your smile plan expires TODAY. Don’t let your hard work go to waste…”

Hooper got at least six text messages. Smith got one beginning, “SmileDirectClub: Hi Reejaunte, our SmileBus is coming to West Covina for a limited time! Spots are filling quickly, so book your free appointment now. PLUS, you’ll get free premium teeth whitening…”

The complaint alleges that all the messages were sent to consumers “en masse, in an automated fashion and without human intervention” and that SDC did not have the prior express written consent of any of the plaintiffs to receive such messages.

The class for this action is all persons in the US who, at any time between July 7, 2016 and the present

Received a text message promoting the sale of SDC’s goods or services, sent by or on behalf of SDC, using the same or substantially the same technology as that used to send the subject text messages to the plaintiffs in this case, and

For whom SDC has no record showing that the person provided “express written consent” before the messages were sent.

Article Type:
Topic: Privacy

Most Recent Case Event

SmileDirectClub Unwanted Telemarketing Texts Complaint

July 7, 2020

SmileDirectClub, Inc. and SmileDirectClub, LLC (SDC) are “teledentistry” companies that offer their services and products online and at brick-and-mortar locations. The complaint alleges that the companies violate the Telephone Consumer Protection Act (TCPA) by sending automated text messages to consumers.

SmileDirectClub Unwanted Telemarketing Texts Complaint

Case Event History

SmileDirectClub Unwanted Telemarketing Texts Complaint

July 7, 2020

SmileDirectClub, Inc. and SmileDirectClub, LLC (SDC) are “teledentistry” companies that offer their services and products online and at brick-and-mortar locations. The complaint alleges that the companies violate the Telephone Consumer Protection Act (TCPA) by sending automated text messages to consumers.

SmileDirectClub Unwanted Telemarketing Texts Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer, Your Privacy