Class Action Claims Alleged Fashion Nova Text Ads Were Unlawful

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Fashion Nova, Inc. faces a proposed class action over its alleged practice of sending unlawful telemarketing text messages without first securing prior consent to do so.

The lawsuit alleges Fashion Nova has run afoul of the Florida Telephone Solicitation Act, which was amended to prohibit as of July 1, 2021 the sending of certain telemarketing communications unless a recipient has provided prior express consent to receive them.

According to the case, Fashion Nova’s text messages, which allegedly contained advertisements promoting the retailer’s products, have harmed Florida residents by invading their privacy and causing annoyance and a nuisance.

The plaintiff, a Miami-Dade County resident, claims to have received from Fashion Nova in early September 2021 at least three text messages, including the following, purporting to advertise a sale:

According to the case, the plaintiff never provided his express written consent to receive the messages, which the suit alleges were sent via computer software capable of automatically selecting and dialing telephone numbers.

The plaintiff suspects Fashion Nova has sent similar messages to other Florida residents who never consented to be contacted.

The suit, which was initially filed in Miami-Dade County Circuit Court before being removed to Florida’s Southern District Court on October 18, looks to represent anyone in the state who received a telephonic sales call (including a text) regarding Fashion Nova’s services that was sent using the same equipment or type of equipment used to allegedly contact the plaintiff. 

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