Cancel SmileDirectClub: The Right Way

How to reclaim your money from SmileDirectClub's shutdown in australia

What happened to SmileDirectClub and why you need to act now

SmileDirectClub ceased all operations in December 2023, leaving thousands of Australian customers mid-treatment with no support, no refunds processed, and no way to reach the company. If you paid for teeth-straightening aligners-whether upfront or through a finance plan-you have legal rights under Australian Consumer Law to claim your money back. This guide walks you through your options, explains what you are entitled to, and shows you how Tocancel can help you understand the process.

The company operated as a direct-to-consumer teeth-straightening service, offering aligners at lower cost than traditional orthodontists. Customers could pay in full upfront (around A$2,499) or spread payments over 24 months via SmilePay financing. When the company shut down without warning, customers discovered that the promised "Smile Guarantee" and 30-day refund window became impossible to enforce because there was no longer anyone to contact.

Why SmileDirectClub's closure affects your rights

A company shutdown does not erase your consumer protections. Under the Australian Consumer Law (ACL), you retain the right to claim repair, replacement or refund for services that are faulty, not fit for purpose, or not delivered as promised. SmileDirectClub's sudden closure means the service was not fit for purpose-you could not complete your treatment as advertised, and the company made guarantees it could not keep. This strengthens your refund claim significantly.

Your legal position is strong because SmileDirectClub failed to deliver the core service you paid for, even if you had used some aligners before the shutdown.

The two payment paths and what they mean for your refund

Your refund strategy depends on how you paid. If you paid upfront in full, you have a direct claim against SmileDirectClub's liquidation assets. If you financed through SmilePay or another third-party lender, you have two potential paths: reclaim from the lender under credit law, or dispute the underlying service failure. Both are recoverable, but the process differs.

Identifying your payment method now will help you choose the fastest refund route and understand which regulator or financial institution you may need to contact.

What you paid and what SmileDirectClub promised

Understanding your original purchase price and the promises made to you is the foundation of any refund claim. Here is the typical pricing structure SmileDirectClub used in Australia before closure.

The company advertised a 30-day "Smile Guarantee"-a full refund if you were not satisfied. After 30 days, refunds were prorated based on aligners used. Once the company closed, that policy became unenforceable through normal channels, but it does not eliminate your legal rights.

Your consumer rights under australian consumer law

You have clear legal protections even though SmileDirectClub no longer operates. Here is what the law actually says and how it applies to your situation.

What australian consumer law guarantees you

The Australian Consumer Law protects you in three key ways. First, you have the right to goods and services that are of acceptable quality-fit for purpose, safe, durable and as described. Second, you have the right to refund, repair or replacement if a good or service is faulty or not as promised. Third, you have the right to full disclosure-companies must not make false or misleading claims about what their service will do.

SmileDirectClub breached all three by ceasing operations without notice, failing to deliver the advertised treatment, and making unkeepable guarantees. Your claim is supported by law, not charity.

Which regulator enforces your rights?

The Australian Competition and Consumer Commission (ACCC) enforces the Australian Consumer Law. If you cannot resolve your claim with the company's liquidators, you can lodge a complaint with the ACCC, which has the power to investigate and take action against corporate misconduct. You can also report SmileDirectClub to the ACCC's Scams and Threats page if you believe the shutdown was deliberate or that misleading claims were made during operation.

Many Australians find that simply citing the ACCC and Australian Consumer Law in a written claim letter significantly increases the likelihood of resolution.

The practical timeline for claims

Under the ACL, you generally have six years from the date of the transaction to lodge a claim for refund or damages (three years in some states for certain claims). This means you have significant time, but do not delay-the sooner you act, the easier it is to trace your payment and gather evidence while your memory is fresh.

Acting within the first six months of shutdown gives you the strongest position because company assets and records are still being liquidated and company representatives may still be reachable.

How to pursue your refund after SmileDirectClub's closure

Because SmileDirectClub no longer operates, the standard cancellation process does not apply. Instead, you follow a structured refund claim path that Tocancel recommends to all affected customers.

Step 1: gather all your evidence

1. Collect your payment receipts and transaction confirmations
   • Find your original invoice or order confirmation email from SmileDirectClub.
   • Download bank or credit card statements showing the payment date and amount.
   • If you financed the purchase, gather all SmilePay or lender correspondence and your current account statement.
2. Document the service failure
   • Take photos or screenshots of any aligners you received (showing condition, packaging, serial numbers if visible).
   • Record the number of aligners you were supposed to receive versus what you actually received.
   • Save any dental records or photos showing that treatment did not progress as promised.
   • Collect emails from SmileDirectClub's customer service (even generic ones) showing they acknowledged your purchase.
3. Screenshot the closure announcement
   • Take a screenshot of the news article or SmileDirectClub's final website announcement confirming the December 2023 shutdown.
   • Record the date you learned the company had closed and could no longer be contacted.

Gathering this evidence now takes 30 minutes but dramatically strengthens your claim and speeds up the refund process.

Step 2: contact the liquidator or company receiver

1. Identify who is handling the company's affairs
   • Search for "SmileDirectClub Australia liquidation" or "SmileDirectClub receiver" online to find the appointed insolvency practitioner.
   • Check the Australian Securities Exchange (ASX) announcements or ASIC's website if SmileDirectClub was listed as a company.
   • Call the general enquiries number on any remaining SmileDirectClub communication to ask for the liquidator's contact details.
2. Submit a formal refund claim
   • Write a letter to the liquidator (certified mail with tracking) stating your full name, customer number or email, payment date, amount paid, and reason for the claim.
   • Attach copies (not originals) of your receipts and evidence of non-delivery or service failure.
   • Request written confirmation of receipt and a timeline for refund assessment.
   • Keep a copy of your letter and send it to the address the liquidator provides.

The liquidator is legally required to assess creditor claims and distribute assets fairly. Your consumer claim typically ranks above other unsecured debts.

Step 3: if you financed the purchase, contact your lender

1. Identify your finance provider
   • Review your finance agreement to see which company provided the credit (SmilePay, Zip, Afterpay, or another lender).
   • Log into your online account or call the lender's customer service to confirm your account status and remaining balance.
2. Submit a dispute for non-delivery of the underlying service
   • Contact your lender in writing and explain that SmileDirectClub ceased operations and you did not receive the full service you financed.
   • Request a "chargeback" or "reversal" of the finance agreement because the merchant (SmileDirectClub) failed to deliver.
   • Under the National Credit Code and ASIC's Responsible Lending Guidelines, lenders have obligations to assist when a merchant fails.
   • Provide the same evidence you submitted to the liquidator: receipts, proof of closure, and evidence of non-delivery.
3. If the lender refuses, escalate to their internal dispute team or the Australian Financial Complaints Authority (AFCA)
   • AFCA is the free, independent ombudsman for financial disputes. You can lodge a complaint if your lender rejects your claim without good reason.
   • AFCA has the power to order lenders to refund you and pay compensation for unfair treatment.

Finance agreements do not disappear when a merchant closes-your lender is still responsible for ensuring the underlying service was delivered, and they often have recovery options you do not.

Step 4: escalate to the ACCC if necessary

1. Lodge a consumer complaint
   • Visit the ACCC website (accc.gov.au) and use their online complaint form.
   • Describe the service failure, the shutdown without notice, and your unsuccessful attempts to claim a refund.
   • Attach your evidence (payment proof, service non-delivery, attempts to contact the company or liquidator).
2. Report to Scams and Threats if applicable
   • If you believe the company deliberately shut down to avoid refunds, or made false claims about outcomes, report this separately to the ACCC's Scams and Threats reporting tool.
   • The ACCC may investigate and pursue action against directors or launch a public warning.

The ACCC takes coordinated action when large numbers of consumers report the same issue, and your report helps protect other Australians.

Common mistakes to avoid when claiming your refund

Many consumers inadvertently weaken their refund claim by making simple errors. Knowing what to avoid will help you present the strongest possible case.

Do not delay your claim

The longer you wait after the shutdown, the harder it becomes to locate your original receipts, remember payment details, or reach anyone with knowledge of your account. Company records are destroyed, bank statements are archived, and key witnesses (staff, liquidators) move on. Act within the first six months of the shutdown announcement if possible.

Do not contact SmileDirectClub directly

If the company is no longer operating, calling or emailing customer service will not reach anyone. Instead, submit your claim to the liquidator. Wasting time trying to reach a defunct company delays your refund and weakens the evidence trail.

Do not ignore finance charges

If you are still being charged monthly by your finance provider after SmileDirectClub closed, stop paying immediately and contact the lender. Continuing to pay acknowledges the debt and weakens your argument that the underlying service failed. Dispute the charges in writing and reference the company shutdown as the reason the service cannot be completed.

Do not settle for partial refunds without question

If the liquidator or lender offers a prorated refund (based on aligners used), challenge it. You did not receive the full promised service because the company ceased operations-the fact that you used some aligners does not mean you waived your right to full refund for incomplete treatment. Tocancel recommends requesting full refund unless you voluntarily abandon your claim.

The most common mistake is accepting a partial refund without understanding that Australian Consumer Law may entitle you to more.

What to do after you submit your refund claim

Once you have lodged your claim, the waiting period can feel uncertain. Here is what you should expect and how to stay on top of your case.

Set a timeline and follow up

The liquidator should acknowledge your claim within 14 days and provide a timeline for assessment (typically 3-6 months). If you hear nothing after 14 days, send a follow-up email or letter asking for confirmation of receipt. Document every communication and keep copies of everything you send.

Monitor your finance account

If you are disputing a finance agreement, your lender may freeze your account during the investigation. This is normal. Do not make additional payments unless instructed to do so. Some lenders suspend monthly charges automatically when a dispute is lodged; others do not. If you continue to receive bills, contact the lender in writing and reference your dispute number.

Be prepared to escalate

If the liquidator does not respond within three months, or if your lender rejects your claim without explanation, do not accept it passively. Write a formal escalation letter referencing the Australian Consumer Law and cite the ACCC as your next step. Many companies respond more urgently when formal regulatory action is mentioned.

Tocancel has helped thousands of consumers recover refunds by maintaining calm, persistent follow-up and knowing when to escalate to regulators.

Checklist: your refund claim steps

Working through this checklist in order gives you the fastest path to recovery and the strongest legal position.

Why tocancel helps you recover your money

Tocancel.com specialises in helping Australian consumers understand their cancellation and refund rights when companies close or fail to deliver. Our team knows the liquidation process, the regulators, and the consumer law that protects you. We translate legal language into clear steps, so you know exactly what to do and why each step matters.

Whether you are pursuing a refund from SmileDirectClub's liquidator, disputing a finance agreement, or preparing to escalate to the ACCC, Tocancel provides the guidance, confidence and templates you need. You do not have to navigate this alone, and you do not need to hire a lawyer. Tocancel empowers you to claim what you are legally entitled to.

What tocancel provides

Our guides, templates and step-by-step checklists help you submit clear, professional refund claims that regulators and liquidators take seriously. We explain your legal rights in plain language, so you understand why you qualify for a refund, not just how to ask for one. And we keep you updated as processes change, so you always know your next move.

Final steps: know your rights and claim them

SmileDirectClub's shutdown does not erase your right to a refund. Under Australian Consumer Law, you have the right to refund, repair or replacement for services that are faulty or not delivered as promised. The company's closure makes your claim stronger, not weaker, because you cannot complete the service you paid for and the company cannot defend its failures.

Act now by gathering your evidence, contacting the liquidator, and disputing any finance charges. If you are refused without good reason, escalate to the ACCC. The process takes time, but it works-thousands of Australian consumers have successfully recovered refunds after company closures by following these steps.

Tocancel has helped thousands of consumers cancel, claim refunds and understand their rights when companies fail. Start your refund claim today at Tocancel.com, where you will find templates, guides and the confidence to act. Your money is recoverable. You just need to know the law and follow the process.