A California woman blames a barrage of pre-dawn Fashion Nova promo texts for jolting her out of sleep, and now she’s rallying millions of Americans to join a sweeping class action against the fast-fashion giant.
Charleen Shavies, an Alameda County resident, filed a proposed federal class action against Fashion Nova in April, accusing the trendy retailer of violating the Telephone Consumer Protection Act by sending marketing texts before the legally permitted 8 a.m. cutoff, according to Fashion Law Journal.
The lawsuit claims Shavies received at least eight promotional messages from the company between roughly 7:24 a.m. and 7:32 a.m. over multiple days in 2025.
Each text allegedly pushed discounts and shopping deals while linking directly to Fashion Nova’s website.
Under federal law, telemarketers are barred from contacting consumers before 8 a.m. or after 9 p.m. local time.
Shavies argues the retailer’s early-bird blasts weren’t just annoying — they were illegal.
Now, she’s seeking to represent a nationwide class of consumers who received more than one Fashion Nova marketing text within a 12-month span over the last four years, so long as at least one of those messages landed before 8 a.m.
If successful, the case could spell major financial trouble for the fashion powerhouse.
The TCPA allows consumers to seek up to $500 per unlawful text — or as much as $1,500 per message if violations are found to be willful.
That means potential damages could skyrocket depending on how many customers join the case.
Fashion Nova had not formally responded to the complaint as of Fashion Law Journal’s report.
The retailer is also facing similar litigation elsewhere, including a separate Indiana lawsuit alleging untimely promotional texts sent during a Memorial Day campaign.
That case remains on pause pending a federal appeals court decision over whether text messages qualify as “calls” under portions of the TCPA.
For now, Shavies’ lawsuit could open the floodgates for sleepy shoppers nationwide eager to turn unwanted wake-up texts into a payday.
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