Borges v. SmileDirectClub, LLC
Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida
Case No. 2022-CA-010840-O
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.
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SUBMIT A CLAIM |
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. |
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EXCLUDE YOURSELF |
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. |
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OBJECT |
You may write to the Court if you do not like the Settlement. Objection must be postmarked by March 16, 2023. |
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GO TO A HEARING |
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. |
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DO NOTHING |
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.
