People who claim they received unwanted text messages from SmileDirectClub have taken aim at the online provider of teeth straightening and whitening products, with a new class action lawsuit.
On Dec. 14, lawyers with the firms of Nick Larry Law LLC, of Chicago; Hedin Hall LLP, of Miami; and Bursor & Fisher P.A., of New York, filed suit in Cook County Circuit Court in Chicago.
The lawsuit was filed on behalf of named plaintiffs Stacey Benbow, of Skokie; Teresa Herbert, of Chicago; and Dennis Philip, Dawaun Lucas, David Dominguez Hooper, Mete Tasin, and Reejaunte Smith, all of California.
According to the lawsuit, over the last four years, SmileDirectClub allegedly sent multiple text messages to a wireless number owned by Benbow, and at least one such message to each of the other named plaintiffs.
For example, one such message, allegedly dated Jan. 3, allegedly promoted a $150 discount off a purchase of one of SmileDirectClub’s “clear aligner” products. It allegedly encouraged the recipient to “make 2020 the year of the smile.” It included a link to a SmileDirectClub URL.
Other text messages allegedly promoted other purchase offers from SmileDirectClub.
All of the messages were allegedly sent by an automated system to the wireless numbers, allegedly without the written consent of the recipients.
The plaintiffs are seeking to expand the lawsuit to include potentially thousands of other people throughout the U.S. who may have received such promotional text messages from SmileDirectClub.
The lawsuit seeks statutory damages of $500-$1,500 for each alleged violation of the TCPA, plus attorney fees.