Are you a dentist or orthodontist who purchased Invisalign from Align? Then, you should know about the ongoing Invisalign lawsuit. The case filed against Align Technology alleges the company is engaging in anticompetitive practices.
As a result of these practices, people who purchased Invisalign aligners from Align directly have paid more than they should. Align Technology denied these allegations, and the court has not yet concluded if there is committed wrongdoing.
Let’s delve into the details of the Invisalign lawsuit to understand the latest developments.
The court permitted the lawsuit as a class action on behalf of all entities and individuals in the United States. This includes anyone who purchased directly from Align between January 2019 and March 31, 2022.
Certain groups are excluded, such as Align, its subsidiaries, employees, affiliate entities, and all federal and state government entities or agencies.
There is no money available yet, and there is no guarantee of compensation in the future. However, the settlement of consumer antitrust lawsuit may result in favorable outcomes for those affected. Your legal rights are impacted, so you must decide now.
Legal Rights and Options
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Do Nothing But Stay in the Lawsuit
The first option is to stay in the lawsuit and take no action. By doing this, you will remain a class member in this class action case. If this lawsuit reaches a resolution, you will be eligible for a share of any awarded money.
You will be informed about the claim process if that happens. Staying in the suit allows you to retain your right to due process for these legal claims.
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Exclude Yourself
The second option is to exclude yourself from this Invisalign lawsuit. The court can exclude any member who requests to be excluded from the class.
This is the only way to preserve your right to participate in any other potential lawsuit for the same legal claims. To do so, you must submit a written request for exclusion to the class administration.
Address to Send Exclusion Request
Your request for exclusion must be postmarked by March 15, 2024. Send your exclusion request to:
Align Direct Purchaser Antitrust Exclusion Request,
c/o Class Administrator,
P.O. Box 2418, Portland, OR 97208-2418.
Lawyers’ Efforts in the Invisalign Lawsuit
Lawyers are set to prove the legal claims about Invisalign aligners against the company. The trial is scheduled to begin on May 13, 2024, in the United States District Court, located at 450 Golden Gate Avenue, Phillip Burton Federal Building & United States Courthouse, San Francisco, CA 94102, in Courtroom 4.
If the lawyers successfully recover money, and you are in the class, you will be notified on how to claim your share. However, there is no guarantee that the plaintiffs will receive any compensation.
Invisalign Lawsuit Between Invisalign Tech and Dischinger Family
A Lake Oswego orthodontist, Bill Dischinger, remains embroiled in a $28 million lawsuit with Align Technology. The company claims Dischinger Orthodontics is counterfeiting its flagship product, Invisalign Braces.
Bill Dischinger, a respected figure in the orthodontic community, said he was shocked by the lawsuit. He insists that his clinic only uses Invisalign, and no false claims were made.
This legal battle involves two brands: Invisalign Tech, established in 1997, which created a significant market presence.
The other is the Dischinger Family, running a long-standing Lake Oswego-based orthodontic practice, founded by Terry Dischinger, a three-time NBA star. His son, Bill Dischinger, now runs the clinic.
According to the Invisalign lawsuit, Dischinger is a key opinion leader for Ormco, a rival company, and has been paid $1.2 million in speaking and consulting fees.
The complaint states that Dischinger’s clinic promotes Invisalign services, but the website shows support for the Spark Clear Aligners offered by Ormco.
When searching for a Lake Oswego Invisalign provider, Dischinger’s clinic appears, which Align Technology argues is false advertising. Align claims that Dischinger has not offered Invisalign services for the past four years.
Dischinger countered that over a dozen patients are still using Invisalign and mentioned that his other practice, Magic Smiles in Portland, was in the top 1% of Invisalign providers last year.
The lawsuit further alleges that Dischinger provided Spark Aligners to 1,250 patients, which caused a $7 million revenue loss for Align. They are now seeking an additional $21 million in damages due to these activities.
This heavy financial claim indicates the seriousness of the dispute. It is hoped that the lawsuit will reach a resolution soon and provide clarity to all parties involved.
Latest Developments
In 2024, more updates have surfaced regarding the case. Both parties have submitted new evidence, and several legal experts anticipate a longer trial period due to the complex nature of the claims.
The outcome of this high-stakes lawsuit could significantly impact the orthodontic industry and influence the market for clear aligners in the United States.
Frequently Asked Questions (FAQ)
Is there a lawsuit against Invisalign?
Yes, there is an ongoing class action lawsuit against Align Technology, the makers of Invisalign, alleging anticompetitive practices.
What is the biggest complaint with Invisalign?
The most common complaint with Invisalign is discomfort and minor issues with fit. Some users have also reported dissatisfaction with the results.
Why do dentists not recommend Invisalign?
Some dentists may not recommend Invisalign due to its limitations in treating complex orthodontic cases or because they prefer alternative treatments.
What is the failure rate of Invisalign?
Invisalign’s failure rate is relatively low, but the effectiveness depends on the patient’s compliance and the complexity of the dental issues.
Has there been any settlement of consumer antitrust lawsuit related to Invisalign?
No settlement has been reached yet in the ongoing antitrust lawsuit. The case is still in progress, with the trial set for May 2024.
