Invisalign Lawsuit: A Proposed Settlement for Patients, but No Claim Form Yet
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Can an Invisalign patient get money today? Not yet. On September 18, 2026, Align Technology — the company that makes Invisalign — and the patients suing it told the federal court in San Francisco that they have reached a proposed settlement of claims that Align monopolized clear aligners and pushed up what people paid for Invisalign. In that filing the written agreement was still being finalized; as of September 30, 2026, there is no court approval, no published amount, no claim form and no deadline. A separate $31.75 million settlement for SmileDirectClub customers is already paying, and a second round of payments was ordered on September 28, 2026.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Invisalign Lawsuits Claim
The Invisalign buyers' case (Section 2 of the Sherman Act). The lawsuit alleges that Align used its position in clear aligners and in the intraoral scanners dentists use to order them to shut out competition. The court described two theories: that ending interoperability with a rival's scanners was an unlawful refusal to deal, and that Align's discount and contract programs — the Fusion program, the Advantage program and contracts with dental service organizations — worked together with that cutoff as exclusive dealing. The rival was 3Shape, Align's competitor in digital scanners. In the companion dentists' case, the plaintiffs' expert estimated that aligner prices would have been 7.1 percent lower without the scanner cutoff, and 10 percent lower without it and certain of those agreements. These are allegations and a plaintiffs' expert estimate. Align won summary judgment on these claims in 2024; the proposed settlement comes while the plaintiffs' appeal is still pending.
The SmileDirectClub case (Section 1). Other plaintiffs in the same lawsuit alleged that Align's relationship with SmileDirectClub caused customers to overpay for SmileDirectClub aligners. Align denied wrongdoing and settled that part for $31.75 million; the court never decided who was right.
Case Details
Consumer case: Snow v. Align Technology, Inc., No. 3:21-cv-03269-VC, U.S. District Court for the Northern District of California (San Francisco), before Judge Vince Chhabria, filed May 3, 2021. The plaintiffs' lawyers are Hagens Berman Sobol Shapiro; Align is represented by Paul Hastings. The parties' joint statement of September 18, 2026 reports the proposed Invisalign settlement.
Dentists' case: Simon and Simon, PC v. Align Technology, Inc., No. 3:20-cv-03754-VC, same court and judge, filed June 5, 2020 by a dental practice doing business as City Smiles; VIP Dental Spas joined on August 14, 2020.
SmileDirectClub settlement: administered by Epiq through the official site SDCAlignerSettlement.com.
Status on September 30, 2026: A Deal in Principle, Nothing to File Yet
SmileDirectClub customers (Section 1): paying, second round ordered. As of September 10, 2026, Epiq had issued 242,862 payments totaling $20,363,978.70, and 151,745 class members (62.48%) had cashed theirs. About $7,500,550.20 in stale, uncashed payments is available for redistribution: on September 28, 2026 the judge ordered a second distribution, due by November 1, 2026, or 35 days after the order, whichever is later.
Dentists (direct purchasers): on appeal. Align won summary judgment on all claims on February 21, 2024. Align's quarterly report signed August 5, 2026 still describes the appeal as pending after argument on April 10, 2025.
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There's no claim deadline yet. We'll email you if a settlement opens a claim period.
Who Could Be Covered
Invisalign patients. The settlement's own class definition has not been published and may differ from what the court certified earlier. For orientation: on November 29, 2023 the court certified damages classes of people who paid some or all of the price of Invisalign treatment for personal use while living in Arizona, California, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, North Carolina or Oregon, starting July 1, 2018; Align describes the period as July 1, 2018 to December 31, 2023. Covered treatments were Comprehensive, Moderate, GO, Teen, Assist Product Tracking, Lite, Express Ten, Multi-stage Comprehensive and Assist. The definition covers anyone who paid or reimbursed some or all of the price; insurers are excluded. A separate nationwide class asked only for a court order (an injunction), not money.
What to keep now: the treatment contract or invoice from your dentist or orthodontist, the treatment dates and the state you lived in. Invisalign is sold through dental offices, so their paperwork is usually your proof of purchase.
SmileDirectClub customers who bought aligners from October 22, 2017 to August 18, 2022 were in the $31.75 million settlement. The claim deadline was October 27, 2025, so nobody can join now; the second payment goes only to people who claimed their first payment, are awaiting a reissued payment, or hold a first payment that has not yet gone stale.
What the Money Looks Like
SmileDirectClub customers: the $31,750,000 fund is non-reversionary, so nothing goes back to Align. The court awarded class counsel $7,937,500.00 in fees and $2,805,247.67 in expenses from it. Early estimates put payments at $40 to $60 per person; as of September 10, 2026, 242,862 initial payments totaled $20,363,978.70 — about $84 on average, by our arithmetic. The per-person amount of the second round has not been announced.
Dentists: nothing is payable unless the appeal or a settlement changes the 2024 ruling. For how class action funds are usually divided, see our class action payout calculator.
Invisalign Lawsuit Timeline
- 1
June 5, 2020 — Dentists Sue Align
A dental practice files an antitrust class action over Invisalign and scanner sales. The court later certifies a class of practices that bought Invisalign directly from Align starting January 1, 2019.
- 2
May 3, 2021 — The Consumer Case Begins
Snow v. Align is filed on behalf of people who paid for Invisalign. Other plaintiffs later add claims over Align's relationship with SmileDirectClub.
- 3
November 29, 2023 — Patient Classes Certified
Judge Chhabria certifies damages classes of Invisalign buyers in ten states and a nationwide injunctive-relief class.
- 4
February 21, 2024 — Align Wins Summary Judgment
The court rules for Align on the monopolization claims in both cases; judgment in the consumer case follows on March 22, 2024. The plaintiffs appeal, and the Ninth Circuit hears argument on April 10, 2025.
- 5
November 21, 2025 — $31.75 Million SmileDirectClub Deal Approved
After the October 27, 2025 claim deadline, the court grants final approval. Class counsel files a notice of intent to begin distribution on February 19, 2026.
- 6
September 2026 — Invisalign Deal Reached, Second Payout Ordered
On September 18 the parties report a proposed settlement of the Invisalign buyers' claims. On September 28 the judge orders a second distribution to SmileDirectClub class members.
Three Things to Watch For
A settlement that has been announced but not yet filed is the easiest kind to fake:
“File your Invisalign settlement claim” sites
As of September 30, 2026 there is no claim form, because the settlement has not been preliminarily approved. A site asking for your Social Security number, card details or a fee to “reserve your share” is not part of it. A real notice will name the case — Snow v. Align Technology, Inc., No. 3:21-cv-03269-VC — and a court-appointed administrator.
Fees to “release” your second SmileDirectClub payment
The court ordered the second payment to go out automatically, by the same method — paper check or digital — as the first. There is nothing to apply for and nothing to pay. The administrator is Epiq: info@SDCAlignerSettlement.com, 1-888-788-8304.
“Invisalign injury class action” sign-ups
The Align settlements are about prices, not about teeth that moved badly or aligners that hurt. An ad offering to “enroll” you in an Invisalign injury class action is recruiting for an individual case; read any retainer before you sign it and know who receives your dental records.
Invisalign Lawsuit — Questions People Actually Ask
Is there an Invisalign lawsuit settlement I can file a claim for?
Not yet. On September 18, 2026 the parties in Snow v. Align reported a proposed settlement of the Invisalign buyers' antitrust claims, but the agreement was still being written. As of September 30, 2026 there is no claim form, no deadline and no published amount. If the court grants preliminary approval, class members will be notified and a claim process announced.
Who would get money from the Invisalign settlement?
That depends on the settlement class, which has not been published. The classes the court certified in 2023 covered people who paid for Invisalign treatment for personal use while living in Arizona, California, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, North Carolina or Oregon, starting July 1, 2018. The settlement may use a different definition.
How much is the Invisalign settlement worth?
No figure has been announced. Align reported that as of June 30, 2026 it had accrued $31.8 million for legal settlements, “substantially all” of which relates to these claims. Treat that as a reserve on Align's books, not as the fund size or your share.
I got a payment from “Snow v. Align.” What was that?
Almost certainly your share of the $31.75 million SmileDirectClub settlement, which covered people who paid for SmileDirectClub aligners from October 22, 2017 to August 18, 2022. It was not an Invisalign product settlement. As of September 10, 2026, 242,862 payments had been issued. Our SmileDirectClub lawsuit page covers the company's bankruptcy and the other refund programs.
Will there be a second SmileDirectClub payment, and when?
Yes, for class members who claimed their first payment, are waiting for a reissue, or hold a first payment that has not gone stale. Uncashed first payments past their stale date are voided and that money is redistributed. The September 28, 2026 order sets the second round for November 1, 2026, or 35 days after the order, whichever is later. Questions go to Epiq at 1-888-788-8304.
I'm a dentist or orthodontist. What happened to the practices' case?
In Simon and Simon, PC v. Align Technology, Inc., the court certified a class of practices that bought Invisalign directly from Align, then granted Align summary judgment on all claims on February 21, 2024. The appeal was argued on April 10, 2025 and was still pending in Align's report signed August 5, 2026. Nothing is payable to practices now.
Is there an Invisalign lawsuit over injuries or bad results?
Not as part of these cases. The Align class actions are about prices and competition. A complaint about pain, damaged teeth or a poor result is an individual claim, usually against the dentist or orthodontist who supervised the treatment, and your state's deadline to sue can be short.
Is there an Align Technology shareholder lawsuit?
None is described in Align's quarterly report signed August 5, 2026, which lists antitrust and patent cases. The last investor class action we found, Macomb County Employees' Retirement System v. Align Technology, alleged that executives misrepresented Align's prospects in China; the Ninth Circuit affirmed its dismissal on July 7, 2022. Separately, a Texas jury on July 2, 2026 rejected competitor ClearCorrect's antitrust counterclaims against Align.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.