Fashion Nova, Inc. sells eye-catching clothing. Unfortunately, the complaint for this class action alleges that it promotes itself through unwanted telemarketing text messages to consumer residential phones. The complaint alleges that its behavior violates both the federal Telephone Consumer Protection Act (TCPA) and the state Florida Telephone Solicitation Act (FTSA).
On September 5, 6, and 7, 2021, one of the plaintiffs in this case, Juan Grieben, received text messages on his cell phone. A sample of one of these text messages began, “Fashion Nova: Hurry!! 40% OFF SALE. FINAL HOURS. Shop NOW Before Your Favorite Styles SELL OUT! Use Code: HUGE40…” The other messages were similar.
On July 18, 20, and 18, 2021, the other plaintiff, Tynikal Pressley, received a series of similar text messages. A sample of one of these messages began, “Fashion Nova: ! LAST DAY ! PRICES At $4.99 • • 30-50% OFF SITEWIDE !! LOWEST Prices On EVERYTHING. Shop Now!…” The other messages were similar.
The messages were telemarketing messages, the complaint says, and “failed to identify (1) the name of the individual caller; (2) the name of the legal entity on whose behalf the call was being made; and (3) a telephone number or address at which [Fashion Nova] may be contacted.” The messages also did not offer any way for recipients to opt out of future calls.
According to the complaint, the company also failed to maintain written policies and procedures for its telemarketing, to properly train the persons engaged in doing its telemarketing, or maintain its own do-not-call list.
Three classes have been proposed for this action:
- The IDNC Class is all persons in the US who, between May 13, 2018 and the date the class is certified in this case, (1) received two or more text messages within a twelve-month period, (2) about Fashion Nova’s property, goods, or services, (3) to the person’s residential phone number.
- The FTSA Class is all persons in Florida who (1) were sent a telephone sales call about Fashion Nova’s property, goods, or services (2) using the same equipment or type of equipment used to call the plaintiffs in this case.
- The Seller Identification Class is all persons in the US who, between May 13, 2018 and the date the class is certified in this case (1) received two or more text messages within any twelve-month period, (2) about Fashion Nova’s property, goods, or services, (3) to the person’s residential telephone number (4) that did not disclose the name of the individual caller, the name of the person or entity on whose behalf the call was being made, or a telephone number or address at which the caller or entity may be contacted.
Topic: Privacy
Most Recent Case Event
Fashion Nova Telemarketing Text Messages TCPA, FTSA Complaint
May 13, 2022
Fashion Nova, Inc. sells eye-catching clothing. Unfortunately, the complaint for this class action alleges that it promotes itself through unwanted telemarketing text messages to consumer residential phones. The complaint alleges that its behavior violates both the federal Telephone Consumer Protection Act (TCPA) and the state Florida Telephone Solicitation Act (FTSA).
Fashion Nova Telemarketing Text Messages TCPA, FTSA ComplaintCase Event History
Fashion Nova Telemarketing Text Messages TCPA, FTSA Complaint
May 13, 2022
Fashion Nova, Inc. sells eye-catching clothing. Unfortunately, the complaint for this class action alleges that it promotes itself through unwanted telemarketing text messages to consumer residential phones. The complaint alleges that its behavior violates both the federal Telephone Consumer Protection Act (TCPA) and the state Florida Telephone Solicitation Act (FTSA).
Fashion Nova Telemarketing Text Messages TCPA, FTSA Complaint