Dr. Smile violated clients' rights. The Office of Competition and Consumer Protection imposed two fines amounting to almost PLN 3.5 million

The Dr Smile company, which promised to repair the bite using orthodontic overlays, decided to discontinue its operations in our country a few months ago. This was determined by a wave of criticism against the company and a growing group of dissatisfied patients who refused to pay for services.

Patients have complained about Dr. Smile

Patients complained about the lack of contact with a doctor they could trust. The company prevented them from making phone calls to the dentists who were supposed to be providing the treatment, and emails from the supposed doctors were signed “Anna (or any other consultant name) from Dr Smile” – and that was it. The company explained that it was bound by confidentiality regarding its cooperation with doctors, and advised angry customers to continue using the overlays – even if they wrote that after a few months of wearing them, the defect had clearly worsened.

We write more about the allegations made against the company by patients (but also by orthodontists who emphasized that overlay treatment in itself is not bad, provided that it has been properly adjusted and progress is monitored by a specialist) in the article below.

Dr. Smile did not revolutionize the treatment process in Poland, and it can also be suspected that the company will pay more for operating on our market than it earned on it. The Office of Competition and Consumer Protection analyzed patients' complaints and found them justified, resulting in the imposition of two fines on the company in the total amount of almost PLN 3.5 million.

Charges of the Office of Competition and Consumer Protection against Dr Smile

The Office of Competition and Consumer Protection found two serious irregularities. The first was the manipulation of patients by telephone consultants. Complaining customers mentioned that the consultants “conduct the conversation in such a way that the consumer does not even know that he is making a purchase, he just thinks that he is choosing a treatment plan and will have time to think about it” and that they exerted pressure, rushed him and did not inform about the conditions of withdrawal from the contract.

This pressure was also mentioned by patients I talked to in March 2023 – when the company was conducting an aggressive advertising campaign (influencers advertised overlay treatment on social media).

During telephone calls, Dr Smile employees sent consumers a link to the bite correction offer, including the course of treatment, expected effects in the form of 3D simulation and financial conditions (the cost of the service ranged from several to several thousand zlotys). This was the first time the company shared this information. Even though consumers did not have the opportunity to familiarize themselves with the offer in advance, the consultants strongly encouraged them to immediately conclude the contract during the conversation. They exerted pressure and used manipulative techniques to draw attention to the alleged spectacular effects of using overlays. When customers still hesitated, they tempted them with high discounts, up to PLN 2,000.

– Dr. Smile offered a medical service that involved a significant financial outlay, and yet it did not provide consumers with the necessary time to think or carefully read the detailed terms of the contract. At no point during the conversation with the consultant was there any information that the consumer would not be able to withdraw from a decision with serious financial consequences. Consumers were also subject to manipulation that influenced their choices, which was confirmed by the complaints we received, said Tomasz Chróstny, president of the Office of Competition and Consumer Protection.

The decision is not final and Dr. Smile may appeal against it.