Christopher J. Leiszler, DDS, has filed a complaint against Align Technology Inc, Santa Clara, Calif, in the US District Court for the Northern District of California. A private-practice dentist in Kansas City, Mo, Leiszler alleges that Align Technology implemented unfair and fraudulent requirements for the prescription of Invisalign through the company’s proficiency requirements.
Leiszler attended Invisalign training in 2008 and has started one Invisalign case since that time. In January 2010, his Invisalign provider status was changed for failing to meet Align Technology’s proficiency requirements.
Leiszler plans to sue on behalf of himself and all other dental and orthodontic professionals similarly situated. The complaint seeks a refund of the price paid to Align Technology for Invisalign training.
In June 2009, Align Technology launched the Invisalign proficiency program to help ensure that Invisalign providers build a baseline of Invisalign product experience and knowledge though minimum annual case and CEgoals. Align Technology dropped the minimum annual case requirement last month after widespread criticism from dental and orthodontic professionals, the AAO, and the ADA.
Users are still required to complete a minimum of 10 Invisalign CE hours per year. Users who do not complete the minimum will have their Invisalign accounts temporarily suspended until they do so.
Align Technology reportedly has reviewed the complaint and will vigorously defend against the litigation.
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