Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.1 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MICHIGAN
SMILEDIRECTCLUB, LLC,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
MICHIGAN DENTAL ASSOCIATION
Defendant.

No. ____________

______________________________________________________________________________
COMPLAINT
______________________________________________________________________________
Plaintiff, SmileDirectClub, LLC states for its Complaint as follows:
PARTIES
1.

Plaintiff SmileDirectClub, LLC (“SDC”) is a Tennessee limited liability company with

its principal place of business in Nashville, Davidson County, Tennessee.
2.

Defendant Michigan Dental Association (“MDA) is a Michigan nonprofit corporation

with its principal place of business located at 3657 Okemos Rd., Ste. 200, Okemos, Michigan
48864. MDA is an association of dental professionals licensed to practice dentistry in the State of
Michigan.
JURISDICTION AND VENUE
3.

The causes of action set forth herein are solely between citizens of different states and the

matter in controversy exceeds the sum or value of $75,000, exclusive of interest or costs.
Accordingly, this Court also has original jurisdiction of this action pursuant to 28 U.S.C. § 1332.
4. This Court has jurisdiction and venue over the Defendant and the claims asserted in the
Complaint pursuant to 28 U.S.C. § 1391(b)(1), as the Defendant is a resident of this District.

1

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.2 Page 2 of 8

Furthermore, venue is proper under 28 U.S.C. § 1391(b)(2) as the events giving rise to the claim
occurred in this District.
FACTUAL ALLEGATIONS
5.

SDC offers licensed dentists and dental practices access to its web-based teledentistry

platform and a comprehensive package of related non-clinical business and administrative
services that permit those dentists to offer a more affordable option for orthodontic treatment of
minor to mild cases of malocclusion with “invisible” corrective aligners.
6.

Patients have the option to use an at-home impression kit to provide SDC with a 3D

image of their smile, or they can visit one of SDC’s SmileShop locations for a laser scan of their
mouth.
7.

All impression kits provided to Michigan patients are sent at the direction of a Michigan-

licensed dentist. SDC’s SmileShops located in Michigan are likewise under the supervision of a
Michigan-licensed dentist.
8.

At the core of SDC’s business model is its innovative web-based teledentistry platform,

which is designed around the “SmileCheck” system. SmileCheck is a proprietary system that
connects patients with their treating dentist through a web-based portal.
9.

Following the receipt of an impression or scan, a Michigan-licensed dental provider uses

the SmileCheck system to view images and dental impressions of his or her patients, review and
develop treatment plans, prescribe treatment, track the performance of the case through retention,
and document communications with patients.
10. Utilizing the SmileCheck system, the Michign-licensed dental professional determines
the appropriate treatment option designed to achieve maximum cosmetic and functional
improvement.

2

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.3 Page 3 of 8

11. The patient is then provided with a detailed explanation of the treatment plan, including a
digital image of the anticipated movement in the teeth.
12. The patient subsequently receives the number of aligners designated by the Michiganlicensed dental professional and detailed instructions on use and care of the aligners.
13. Following the use of all aligners, the patient’s progress is again reviewed by the
Michigan-licensed dental professional, who determines whether treatment is complete. Once
complete, a patient may order a set of retainers to ensure no further shifting of teeth.
14. SDC’s involvement in the treatment of patients is limited to providing management
services and production of aligners per a licensed dentist’s orders. The treating dentist maintains
sole responsibility for all aspects of his or her patient’s care, including evaluating, diagnosing,
and, if appropriate in the dentist’s independent professional judgment, treating the patient’s
condition with SmileDirectClub aligners.
15. Upon information and belief, the MDA is an association of licensed dental professionals
licensed in Michigan.
16. Membership in the MDA is by application only, and requires payment of dues of
approximately $840 per year.
17. Upon information and belief, the MDA has over 5,800 members across the state of
Michigan.
18. The MDA publishes a monthly “newsletter” called the Journal of the Michigan Dental
Association (the “Journal”), which purports to “bring[] news, information, and features about
Michigan dentistry to the MDA’s 5,800 members across the state. No publications reaches more
Michigan dentists!”

3

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.4 Page 4 of 8

19. The Journal is also accessible to the general public through the MDA’s journal website.1
20. The August 2017 issue of the Journal included an article entitled “MDA Probes
SmileDirectClub,” (the “Article”) which is attached hereto as Exhibit A and incorporated herein
by reference.
21. The Article states, without reference or explanation, that “mail-ordered, self-administered
impression kits and retainers … raise[] numerous legal and patient safety concerns.”
22. The Article then adds that “One of the companies that has been brought to the MDA’s
attention is SmileDirectClub...,” and that SDC’s website does not “identify a Michigan dentist(s)
who diagnoses, prepares a treatment plan, or issues, restrains and prepares the work
authorizations that are required of dentists practicing in accordance with Michigan law.”
23. The Article acknowledges that the MDA sent a letter to SDC “to determine whether it
was complying with Michigan law.”
24. The Article then states that SDC’s responses to those questions were “unsupported” and
failed to “provide substantiation of any kind.”
25. The Article concludes by seeking out unsatisfied SDC patients who would be willing to
speak to MDA representatives.
26. The statements in the Article were reckless and made with a conscious indifference to the
truth. The Article inexplicably insinuates that SDC is practicing dentistry without a license and
without regard to patient safety, despite clear representations in SDC’s advertising material,
including its website, that a licensed dental professional makes all treatment decisions for each
patient.
27. MDA intentionally and recklessly impugned the competence and maligned the reputation
of SDC, and the Michigan-licensed dentists who treat their patients with aligners provided by
1

See https://www.michigandental.org/Digital-Journal

4

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.5 Page 5 of 8

SDC, in order to steer prospective patients to use the services of its association members, rather
than seek alternative treatment methods through SDC.
28. The Article was published to at least 5,800 dental professionals in Michigan and, upon
information and belief, has been accessed by countless members of the public through the
MDA’s website.
CAUSES OF ACTION
1. False Light
29. SDC hereby incorporates paragraphs 5 through 28 as if set forth herein.
30. The Article, written and published by the Defendant, placed SDC before the public in a
false light that would be highly offensive to a reasonable person.
31. In this instance, the false light is that SDC provides alignment and retention services to
patients without regard to patient safety and in violation of Michigan law. The tenor of the
Article suggests that SDC patients should not expect to receive treatment by a licensed Michigan
dental professional, and that the treatment received could be harmful to their health and or safety.
32. The statements in the article, and the overall tenor of the article, are untrue.
33. MDA had actual knowledge of, or acted with reckless disregard to the facts, that SDC
utilizes licensed dental professionals to oversee the planning and treatment of each patient.
34. SDC has been damaged as a result of the Article, including loss of services of certain
Michigan-licensed dental professionals, and SDC expects significant difficulty in associating
new Michigan-licensed dental professionals should the Article not be retracted.
2. Trade Libel
35. SDC hereby incorporates paragraphs 5 through 34 as if set forth herein.

5

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.6 Page 6 of 8

36. The Article, published by the Defendant, promoted false and defamatory statements
concerning SDC.
37. The Article prejudices SDC in the conduct of its business and deters patients, potential
patients, and licensed Michigan dental professionals from dealing with SDC, as the tenor of the
article is that SDC operates its business in violation of Michigan law and without regard for
patient safety.
38. The statements in the Article are untrue.
39. MDA had actual knowledge of, or acted with reckless disregard to the facts, that SDC
utilizes licensed dental professionals to oversee the planning and treatment of each patient.
Moreover, MDA intentionally and recklessly impugned the competence and maligned the
reputation of SDC in order to steer prospective patients to use the services of its association
members, rather than seek alternative treatment methods through SDC.
40. SDC has been damaged as a result of the Article, including loss of services of certain
Michigan-licensed dental professionals, and SDC expects significant difficulty in associating
new Michigan-licensed dental professionals should the Article not be retracted.
PRAYER FOR RELIEF
WHEREFORE, SDC asks that the Court grant the following relief:
1.

A finding a liability against MDA for false light and trade libel associated with the

Article;
2.

A judgment in an amount to be proven at trial;

3.

All other relief the Court deems appropriate.

6

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.7 Page 7 of 8

/s/Randall A. Juip
Brian J. Richtarcik (P49390)
Randall A. Juip (P58538)
Foley, Baron, Metzger & Juip, PLLC
38777 Six Mile Road, Suite 300
Livonia, MI 48152
Telephone: 734.742.1800
Facsimile: 734.521.2379
Email: brichtarcik@fbmjlaw.com
RAJuip@fbmjlaw.com
and
W. David Bridgers TN BPR # 016603 (pro hac vice forthcoming)
Chanelle A. Acheson TN BPR # 030008 (pro hac vice forthcoming)
Kevin T. Elkins TN BPR # 033280 (pro hac vice forthcoming)
WALLER LANSDEN DORTCH & DAVIS, LLP
511 Union Street, Suite 2700
Nashville, Tennessee 37219-8966
Telephone: 615.244.6380
Facsimile: 615.244.6804
Email: david.bridgers@wallerlaw.com
chanelle.acheson@wallerlaw.com
kevin.elkins@wallerlaw.com
Attorneys for SmileDirectClub, LLC

7

 Case 1:17-cv-00939 ECF No. 1 filed 10/26/17 PageID.8 Page 8 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MICHIGAN
SMILEDIRECTCLUB, LLC,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
MICHIGAN DENTAL ASSOCIATION
Defendant.

No. ____________

______________________________________________________________________________
JURY DEMAND
______________________________________________________________________________
Plaintiff, SmileDirectClub, LLC respectfully demands a jury trial on all issues so triable.
/s/Randall A. Juip
Brian J. Richtarcik (P49390)
Randall A. Juip (P58538)
Foley, Baron, Metzger & Juip, PLLC
38777 Six Mile Road, Suite 300
Livonia, MI 48152
Telephone: 734.742.1800
Facsimile: 734.521.2379
Email: brichtarcik@fbmjlaw.com
RAJuip@fbmjlaw.com
and
W. David Bridgers TN BPR # 016603 (pro hac vice forthcoming)
Chanelle A. Acheson TN BPR # 030008 (pro hac vice forthcoming)
Kevin T. Elkins TN BPR # 033280 (pro hac vice forthcoming)
WALLER LANSDEN DORTCH & DAVIS, LLP
511 Union Street, Suite 2700
Nashville, Tennessee 37219-8966
Telephone: 615.244.6380
Facsimile: 615.244.6804
Email: david.bridgers@wallerlaw.com
chanelle.acheson@wallerlaw.com
kevin.elkins@wallerlaw.com
Attorneys for SmileDirectClub, LLC

8

 Case 1:17-cv-00939 ECF No. 1-1 filed 10/26/17 PageID.9 Page 1 of 4

EXHIBIT
A

Case 1:17-cv-00939

ECF No. 1-1 filed 10/26/17

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 Case 1:17-cv-00939

ECF No. 1-1 filed 10/26/17

PagelD.11 Page

3 of 4

CONTENTS
Breaking
Visit

News

Updates

michigandental.org

Journal eNews

August Journal eNews mails Aug.

11

watch for it!

FEATURES

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MEHC AN

DENT,

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Clinicopathologic Review: Oral
Radiographic Features of Systemic

ALFGEIST 2017

ON

4100.

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42
Conditions
By Tessie Buraczewski, DMD, Elizabeth
Bilodeau, DMD, MD; and Anitha Potluri, DMD

Creating Happiness as
Protocol
Happy practices lead

L JIAL A

El Ili

COVER STORY... 28
How MDA Dental PAC Helps
You Succeed in Lansing
MDA Dental PAC is the engine that
drives the MDA's successful legislative

advocacy
success

program in Lansing. But that
can't happen without your

support. Read how MDA Dental PAC
watches out for you, and see how
involvement by Michigan dentists from
all

over

the

Dental PAC

state
a

helps

make MDA

winner at the state

Capitol.
By James Cantwil, DDS

Practice

lot,

48
treatment

Page 42

who

plan,

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happy patients,

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By Olivia Md_eod Straine

DEPARTMENTS

Contact the MDA

5

Governmental Affairs

Update

6

News You Need

7

Endorsed Programs News

16

Editorial

18

Dentistry

Is Our Political

Dentistry and the

Party

Law

20

Basic Tax Considerations When

Selling

Your Practice

Staff Matters

Dealing with Opioid Abuse
Peer Review/Ethics
Dentists Behaving Badly

22
in Your Practice

Part II

24

MDA Services
Officite Explores the New Patient Journey in Free White Paper

26

Journal Classifieds

52

Continuing

Education

72

Advertiser Index

CIPipa michigan
d

dental

2

SPECIAL FEATURES

ASSOCIATION

September 2017 MDA Journal will be mailed Aug. 31,
Copyright C) 2017 Michigan Dental Association

Your

75

2017

Back-to-School Infographic
Helping You Succeed
Keeping Current

11
12
14

News from the ADA
CE Spotlight

JOURNAL OF THE MICHIGAN DENTAL ASSOCIATION

15
72

AUGUST 2017

 Case 1:17-cv-00939

ECF No. 1-1 filed 10/26/17

PagelD.12 Page

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NEWS FROM THE ADA
ADA Patient Education Brochures Available in Money-Saving Bundle
Great news! The ADA has selected its most essential patient education
materials and combined them into one convenient kit for MDA/ADA member
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compared to purchasing
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Included are
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chairside instructor book, a
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rack, and 50 each of the
ADA brochures, including Root Canal
Treatment; Tooth Extraction; Periodontal
Disease: Don't Wait 'til It Hurts; Why Do I Need a Crown?; Your Child's Teeth;
Periodontal Maintenance; Why Doesn't' My Insurance Pay for This?; Dental
Sealants; Three Tooth Replacement Options; and Your Smile: An Owner's
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by calling 800-947-4746, or visit adacatalog.org to order
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previously reported, the MDA is aware of out-of-state companies
performing orthodontia-type services through mail-ordered, self-administered
impression kits and retainers. This method of providing diagnosis and
treatment raises numerous legal and patient safety concerns. The MDA is
making efforts to assure that the citizens of Michigan are receiving care that
meets the required standard of dental practice.
One of the companies that has been brought to the MDA's attention is

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you may have seen its advertisements on television or
to its website, this company mails customers a selfimpression kit followed by a series of teeth-straightening

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authorizations that
Michigan law.
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retainers. It does not appear from the website that a dentist ever sees the
patient. Nor does the website identify a Michigan dentist(s) who diagnoses,

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letter to SmileDirectClub

asking it to respond to questions to determine whether it is complying with
Michigan law. The company responded with unsupported representations
that it was in compliance, but refused to identify Michigan dentists involved
or to provide substantiation of any kind.
If you know of any patients who have been harmed by or who are

----1

1

dissatisfied with their experience with SmileDirectClub or similar
companies,,,
and who are willing to speak to a representative of the MDA, please contact
1-.-.4Josh Kluzak, manager of government and insurance affairs, at jkluzak@
michigandental.org, or call him at 800-589-2632, ext. 422.

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JOURNAL OF THE MICHIGAN DENTAL ASSOCIATION

AUGUST 2017

15