Align Technology, San Jose, Calif, has provided an update on the settlement of the class-action lawsuit brought by Christopher J. Leiszler, DDS, against the company concerning its proficiency requirements.
In May 2010, Leiszler, a general practice dentist, filed a complaint against the company alleging that Align implemented unfair requirements for the prescription of Invisalign through the company’s annual proficiency requirements. Leiszler’s Invisalign provider status was changed in January 2010 for failing to meet the company’s proficiency requirements. Leiszler sued Align on behalf of himself and all others similarly situated, seeking a refund of the price paid to Align for Invisalign training.
On December 3, the plaintiffs’ counsel filed an unopposed motion seeking preliminary approval of a settlement of the suit. A hearing has been scheduled for December 17 regarding the request for preliminary approval.
If the settlement receives court approval, all class members will be able to obtain reinstatement to prescribe Invisalign treatment after they complete a free, 3-hour online course. Certain class members will have the option to elect a cash remedy instead of the reinstatement benefit.
Doctors who had their Invisalign accounts deactivated or suspended as a result of the proficiency requirements program are included in the settlement class. If the court grants preliminary approval of the settlement, all class members will be notified of their options via postal mail within approximately 2 weeks.
Doctors who have questions regarding their class status or rights can call (888) 816-1761.
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