Borges v. SmileDirectClub, LLC

Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida

Case No. 2022-CA-010840-O

If You Received a Text Message from SmileDirectClub, You May Be Entitled to a Payment from a Class Action Settlement

•     A Settlement has been reached in a class action lawsuit about whether SmileDirectClub, LLC sent marketing text messages to cellular telephone numbers without prior express written consent of the recipients as defined by the Florida Telephone Solicitation Act, Fla. Stat. § 501.059 (“FTSA”). SmileDirectClub denies the allegations and any wrongdoing. The Court has not decided who is right.

•    The Settlement offers payments to Settlement Class Members who file valid Claims.

Your legal rights are affected whether you act or do not act. Read the Notice carefully.






If you are a member of the Settlement Class, you must submit a timely, valid, and completed Claim Form to receive a payment. Claim Forms must be submitted online or postmarked by May 10, 2023.




You may request to be excluded from the Settlement and, if you do, you will receive no benefits from the Settlement. Request to be excluded (Opt-out) from the Settlement must be postmarked by March 16, 2023.




You may write to the Court if you do not like the Settlement. Objection must be postmarked by March 16, 2023.




You may ask to speak in Court about the fairness of the Settlement. See questions 19-21 here for more details. 

The Final Approval Hearing is scheduled for June 20, 2023.




You will not receive a payment if you fail to timely submit a completed Claim Form, and you will give up your right to bring your own lawsuit against SmileDirectClub about the Claims in this case.

The Court in charge of this case still has to decide whether to approve the Settlement. If it does, and after any appeals are resolved, benefits will be distributed to those who submit qualifying Claim Forms. Please be patient.

This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

(833) 709-0095

Borges v. SmileDirectClub, LLC
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391


Please read for a full explanation of the settlement and your options and all applicable timelines.


Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Claim Form Deadline

    Wednesday, May 10, 2023 You must submit your Claim Form online no later than Wednesday, May 10, 2023, 11:59 PM ET or mail your completed paper Claim Form so that it is postmarked no later than May 10, 2023.
  • Exclusion Deadline

    Thursday, March 16, 2023 You must complete and mail your Request for Exclusion so that it is postmarked no later than March 16, 2023.
  • Objection Deadline

    Thursday, March 16, 2023 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it is postmarked no later than March 16, 2023.
  • Final Approval Hearing Date

    Tuesday, June 20, 2023 The Final Approval Hearing is scheduled for June 20, 2023. Please check this Settlement Website for updates.

Important Documents

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