Class of Dentists Sue Over Quota System

SAN FRANCISCO (CN) – Dentists claim in a federal class action that an orthodonture company requires them to use its teeth-straightening device after they pay $2,000 for training, then bars them from using it if they don’t meet a quota. A Kansas dentist sued Align Technology over terms of use of its “Invisalign” technology.

     Dr. Christopher Leiszler, of Baldwin City, says Align has instructed more than 58,000 dentists on its clear, removable prescription device.
     In June 2009, Leiszler says, Align implemented a quota system, demanding that doctors prescribe the product to at least 10 patients a year.
     Leiszler claims that “the sole purpose of Align’s quota requirement is to increase doctor prescribed sales of Invisalign.”
     “Align offered doctors an all-or-nothing deal,” the complaint states. “Prescribe Invisalign to 10 patients a year, regardless of whether it was necessary, safe or the most effective treatment, or do not prescribe Invisalign at all.”
     Since it imposed its quota, Align’s revenue jumped by 29 in less than a year, Leiszler says. But the dentist claims the quota also “dramatically reduced the number of doctors eligible to prescribe Invisalign,” since many dentists do not need to prescribe the product for 10 patients a year.
     Leiszler claims Align’s training course “has no value whatsoever except in the prescription and management of Invisalign treatment.” He says that when he took the course, Align did not inform him about a quota system.
     He seeks class damages for unfair business practices and unjust enrichment, and wants his $2,000 tuition back.
     He is represented by Jason Hartley with Stueve Siegel Hanson, of San Diego, Calif., and Kansas City, Mo.

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