What is SmileDirectClub and what’s happened?
SmileDirectClub offered a cheap alternative to orthodontic treatment for misaligned teeth. With promises of a “great new smile” and a “life-time guarantee”, many thousands of people were tempted to pay for these tooth “retainers”.
The company sent a product for customers to make a mould of their teeth to return and then sent a plastic retainer to put over the teeth. The typical cost of a SmileDirectClub treatment plan was around £1700.
For the last few years the British Dental Association and the General Dental Council have warned consumers against using these retainers and the dangers of not receiving treatment from a dentist. In some cases, the use of these retainers has led to gum disease and even tooth loss.
On 11 December 2023 SmileDirectClub announced that it was going into administration.
This resulted in thousands of customers being left without their retainers, the “life- time guarantee” disappearing and, in many cases, customers still having to pay for retainers on payment plans.
What are your rights regarding SmileDirectClub?
If you have paid by Credit Card you will be covered by Section 75 of the Consumer Credit Act. The Credit Card company is jointly liable and should provide you with a refund if you are out of pocket. Any purchase over £100 and less than £30,000 is covered.
Purchases made on debit cards and below £100 are not covered by the Section 75. Chargeback, although not part of any act of law, is a voluntary scheme based on scheme rules set by card issuers, such as Mastercard and Visa. Because it isn’t set in law you should use the Consumer Credit Act 1974, where possible, otherwise try using chargeback.
If you have issues with the bank refusing to refund take the matter to the Financial Ombudsman.
You will need to make the request within 120 days of the transaction date. Bear in mind that this scheme is much less well known than the Section 75 rule and so many staff might not be aware of it if you ring the bank. My advice therefore would always be to write.
Do not cancel any Direct Debits, as this could affect your credit score. Unfortunately you will still have to carry on paying, but do contact your bank to explain the situation and see what they advise for your individual situation.
Administrators have not yet been put in place. Once this happens there will be more information on the situation. Keep an eye on the website. Once they are in place they will provide details of what you can do. You can put in a claim for a refund, but you will be at the bottom of the list of creditors and you will have to wait years and probably only get pennies.
What can we learn from this?
If something sounds too good to be true it usually is, which is certainly the case here. There is a reason why orthodontist treatment is expensive and the retainers are so much cheaper. Having treatment without a dentist can and has caused problems that dentists have then had to resolve. It is more costly in the long run.
It’s like going abroad for cheaper surgery and then the NHS having to pick up the pieces (and cost) to put issues right. Or using someone who calls themselves a psychologist (and anyone can!) who claims you will be “cured” in 6 sessions. A clinical psychologist (Clinical psychologist is a protected term, psychologist isn’t) then has to undo the damage done before starting treatment.
Always do your research into why something is cheaper than the alternatives. Research reviews (ignore the ones on the website unless you can trace them back to real people) on more than a couple of sites. Search the words with “scam” and see if anything comes up. If it’s any kind of medical treatment, like the suggestions above, then ensure you get advice from your GP first. Also contact regulatory bodies and look at their advice and guidelines.
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