A Californian is suing Fashion Nova after receiving multiple early-morning texts from the retailer.
The Beverly Hills-based retailer violated federal law that bars companies from sending telephone solicitations before 8 a.m. or after 9 p.m. local time, the lawsuit filed in Northern California last month claims.
Fashion Nova’s “unlawful conduct invaded Plaintiff’s privacy, disturbed Plaintiff’s peace and quiet, and caused nuisance and annoyance in a realm that is private and personal,” the complaint stated.
Fashion Nova did not immediately respond to a request for comment.
The plaintiff, Charleen Shavies from Hayward, received eight text messages from June to August that were sent outside of quiet hours, one as early as 7:24 a.m., according to the complaint.
The texts promoted discounts and shopping deals and linked directly to the retailer’s website, the lawsuit claims. Shavies claimed she hadn’t given the retailer permission to text her and hadn’t purchased an item from the brand in the 18 months before the texts began.
The Telephone Consumer Protection Act of 1991 limits unwanted marketing messages. The provision allows for damages of up to $500 per violation, or $1,500 per violation if a court finds that a company acted willfully or knowingly.
The lawsuit is asking the court to stop Fashion Nova from sending promotional messages during quiet hours.
The lawsuit seeks class-action status. If granted, the proposed class would include those who received more than one promotional text in any 12-month period during the four years before the filing. At least one of those texts had to have arrived outside of quiet hours.
The retailer won another lawsuit in Indiana in March, where the plaintiff claimed he was sent promotional messaging, despite being on the national do-not-contact list.
Fashion Nova claimed in that lawsuit, filed last year, that the federal provisions apply only to phone calls and not text messages. The plaintiff in that case, Warren Richards, filed an appeal in May.
The California lawsuit claims the text messages should be considered telephone solicitations.
“The subject text messages were telephone solicitations within the meaning of the TCPA because they were sent for the purpose of encouraging the purchase of Defendant’s goods and/or services,” the complaint stated.
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