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Parties in FTSA Class Action Stipulate to Case’s Dismissal

Plaintiff Alejandro Borges and defendant SmileDirectClub stipulated to the dismissal of Borges’ August 2021 class action alleging violations of the Florida Telephone Solicitation Act, according to an entry Monday in docket 1:21-cv-23011 at the U.S. District Court for Southern Florida.…

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Each side will bear its own fees and costs, said the stipulation. Borges’ complaint alleged that SmileDirectClub, an orthodontic device company that specializes in teeth alignment products and offers its products to consumers online, resorted to aggressive telemarketing calls to consumers without their prior consent, in violation of the FTSA.