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FREQUENTLY ASKED QUESTIONS

What is this class action about?

According to the class-action lawsuit, Align Technology and SmileDirectClub engaged in an anticompetitive agreement, causing millions of U.S. consumers to pay artificially high prices for SmileDirectClub aligners.

This lawsuit is solely focused on the agreement between Align and SDC. It does not concern any product defects that you may have had with SDC aligners. You are not releasing any claims you may have against SDC related to the quality of the aligners you purchased if you remain a member of the class. More information about the lawsuit is available at sdcalignersettlement.com.

Who is included in the settlement class?

The settlement class is defined as all persons in the U.S. that purchased, paid and/or provided reimbursement for some or all the purchase price for SmileDirectClub aligners acquired for personal use during the period of Oct. 22, 2017, through Aug. 18, 2022.

Has the court approved the settlement?

The court has granted preliminary approval to a $31.75 million settlement. The court will hold a fairness hearing at 2 p.m. on Nov. 20, 2025. Payments will be dispersed to class members who have submitted valid claims if and when the judge grants final approval to the settlement.

When is the final approval hearing?

The court’s final approval hearing is scheduled for Nov. 20, 2025, at 2 p.m. It will be held at the San Francisco Courthouse before Judge Chhabria of the U.S. District Court for the Northern District of California. Please note that the final approval hearing date and time are subject to change without further notice to the settlement class.

Can I attend the final approval hearing?

Class members may attend the final approval hearing at their own expense.

MORE ABOUT THE SETTLEMENT

What does the settlement provide?

If granted final approval by the court, the $31.75 million settlement with Align Technology would provide class members with pro rata cash payments distributed from the settlement fund. Payments will only be made to class members who have submitted valid claims to verify their SmileDirectClub purchase(s). You may file a timely and valid claim form to be eligible to receive a direct pro rata cash payment by Oct. 27, 2025.

What happens if the court does not approve the settlement?

If the court does not grant final approval of the settlement, Hagens Berman attorneys and other class counsel will proceed to trial with Align Technology. It is rare that class-action cases lead to trial, but it can and does happen. If trial is pursued, the settlement will no longer be up for pending approval and payments will not be disbursed to class members.

I got a notice that I may be affected by the settlement. What do I do now?

If you received a notice and are a U.S. resident who bought or paid for SmileDirectClub aligners for personal use between Oct. 22, 2017, and Aug. 18, 2022, you are part of the class. Your notice will indicate whether or not you will need to file a claim. Some class members will receive automatic payments sent to them using the information the administrator has on file. Please note – this information may be outdated, and you may wish to submit your current information on the administrator’s website at sdcalignersettlement.com.

What if I do nothing?

If you have been identified by SmileDirectClub as a member of the class, and/or have received notice that you may have been impacted by the settlement, you will be considered as a valid member of the class and may automatically receive a pro rata cash payment if the settlement is granted final approval by the court. Please be aware that not all class members sent a notice will receive an automatic payment. You may need to file a claim online on the administrator’s website at sdcalignersettlement.com.

By remaining a member of the class, you do not release any claims that you have against SDC that are not related to the agreement between Align and SDC, such as claims over product defects that you may have experienced.

If you have not received notice but believe you meet the requirements to join the class, you must submit a valid claim by Oct. 27, 2025, to be considered to receive part of the settlement.

All class members who take no action but have been identified as a member of the class give up their right to sue or continue to sue Align Technology, Inc. as part of any other lawsuit about the same legal claims in this lawsuit. If you would like to retain your rights to sue Align Technology, Inc. individually for similar claims at your own expense, you may opt out of the settlement through Oct. 30, 2025.

How do I file a claim?

You may submit an online claim through Oct. 27, 2025, at sdcalignersettlement.com, or you may mail a claim form postmarked by Oct. 27, 2025, to the settlement administrator at the following address:

Snow v. Align Class Action
Settlement Administrator
PO Box 2830
Portland, OR 97207-2830

Need a hard copy claim form? Please call 1-888-788-8304, download a copy of the claim form at sdcalignersettlement.com, or write to the address listed above.

How do I exclude myself from the settlement?

If you are a settlement class member and would like to exclude yourself from the settlement to retain your right to sue or continue to sue Align Technology, Inc. regarding claims set forth in this class-action lawsuit, you must take the one of the following steps to exclude yourself.

Submit an online opt out form here: sdcalignersettlement.com.

Or you can submit a written request to opt out by mailing a hard copy of the following information:

  • Full Name, Address and Email
  • The name of this lawsuit: Snow v. Align Technology, Inc., Case 21:cv-03269-VC
  • And a clear statement that you want to be excluded from the settlement class. For example: “I hereby request to be excluded from the settlement class in Snow v. Align Technology, Inc., Case 21:cv-03269-VC…”)

The hard-copy document must be signed, dated, mailed and postmarked by Oct. 30, 2025, to the following address:

Snow v. Align Class Action
Settlement Administrator
PO Box 2830
Portland, OR 97207-2830

You cannot opt out from the settlement by phone or email. If you exclude yourself from the class, you will not receive any money or benefits from this lawsuit. However, you will maintain your right to sue the defendant about the same legal claims alleged in this lawsuit at your own expense.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of settlement class members or multiple settlement class members where the opt out hasn’t been signed by every individual settlement class member will not be allowed.

How do I object to the settlement?

As a settlement class member, you may choose to object to the settlement or the attorneys’ fees and expenses. Further directions on how to object to the settlement can be found on the settlement website.

What is the difference between objecting to the settlement and asking to be excluded from the class?

If you object to the settlement, you are telling the court that you do not like the settlement, or something about the settlement, or the requested fees and expenses. If an individual submits an objection, the court will review the objection and consider it during future settlement proceedings.

If you opt out or exclude yourself from the settlement, you are simply telling the court you do not want to be a part of the settlement class or the settlement. Those who opt out forfeit their opportunity to object to the settlement because they will no longer be a member of the class.

What is the deadline to submit a claim?

All valid claims must be submitted online or postmarked by mail by Oct. 27, 2025.

What documents do I need to provide to validate my claim?

You only need to submit one receipt or credit card statement showing proof of purchase. Make sure it's easy to read and keep a copy for your records. If you mail in a hard copy, it won’t be returned.

If I had multiple children or multiple family members with SmileDirectClub treatments, do I file one claim to reflect them all, or individually for each person?

If more than one person in your household used SmileDirectClub products, you must file a separate claim for each person in order to receive settlement benefits for each individual. If you received a Unique ID on your notice, only one claim can be filed using that Unique ID. Additional claims for other individuals may be submitted online or by mail without a Unique ID. Make sure the documents match the name on each claim, are clear and easy to read, and keep copies for your records. Hard copies won’t be returned.

What is the deadline to object or opt out?

The deadline to object to or opt out of the settlement the settlement is Oct. 30, 2025.

ADDITIONAL INFORMATION

Does this lawsuit apply to SmileDirectClub consumers outside of the U.S.?

This lawsuit has focused on an alleged anticompetitive agreement between SmileDirectClub and Align, which involved a restriction on Align’s ability to compete in the United States. Our attorneys are not currently aware of similar wrongdoing happening outside of the U.S. However, this lawsuit will not prejudice any future claims that those outside the U.S. may have against SmileDirectClub.

Can I sue SmileDirectClub or Align Technology individually?

If you would like to pursue suing Align Technology, Inc. individually, you may opt out of the settlement to retain your rights to do so. However, further legal action taken at an individual level will be at your own expense.

Will I receive money from the settlement?

If the court approves the $31.75 million settlement, eligible class members who submit a valid claim by Oct. 27, 2025, will get a cash payment. The amount will depend on how many valid claims are filed.

How much money will I get?

The current estimate for pro rata cash payments for eligible class members is between $40-$60, but no less than $10. If the settlement is granted final approval by the court, the payments will be subject to change based on attorneys’ fees and expenses and the size of the settlement class.

How will the money be distributed?

If the settlement is granted final approval by the court and the settlement fund is allowed to be distributed to class members, pro rata cash payments will be sent to the address at which you received your postcard notice. If preferred, electronic payment can also be provided through Zelle, PayPal or Venmo if a valid username is provided on your claim submission.

Who represents me in this case?

The court has appointed Hagens Berman Managing Partner Steve W. Berman as class counsel to represent you and the settlement class. You may contact class counsel by emailing [email protected].

Do I have to pay the lawyers?

Hagens Berman’s attorneys (class counsel) represent the settlement class on a contingency-fee basis. Settlement class members do not pay for legal fees or out-of-pocket expenses. Class counsel is awarded attorneys’ fees and expenses from the settlement fund, pending the court’s final approval of the settlement and approval of the proposed attorneys’ fees and expenses.

Where can I get more information?

Still have questions? Class members or those that believe they are eligible to be included in the class regarding this case are encouraged to visit the settlement website for more information. If you have specific questions about your claim, please reach out to the settlement administrator at [email protected], or call at 1-888-788-8304.