Fashion Nova Hit with Class Action in California Over Allegedly Impermissible Text Messages [UPDATE: VOLUNTARILY DISMISSED BY PLAINTIFF]

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[Update: The lawsuit detailed on this page was voluntarily dismissed by the plaintiff on February 24, 2019. The plaintiff's notice of voluntary dismissal can be read here.]

Fashion Nova, Inc. is the defendant in a proposed class action filed by a consumer who claims the clothing company sent automatically generated marketing text messages without first obtaining express written consent to do so.

Citing alleged Telephone Consumer Protection Act (TCPA) violations, the case out of California’s Southern District alleges Fashion Nova sent the plaintiff no fewer than four advertisement text messages without permission. The texts, the case continues, were sent via automated telephone dialing system at all hours of the day, including before 8:00 a.m. and after 9:00 p.m.