Online women’s clothing retailer Fashion Nova has been hit with a proposed class action lawsuit filed in Florida federal court. According to the lawsuit, Fashion Nova, a company that the case says grew by roughly 600 percent last year thanks to aggressive social media and mobile marketing, has engaged in the practice of sending unsolicited text messages to consumers’ cell phones without consent to do so.
More specifically, the suit claims Fashion Nova acquired proposed class members’ cell phone numbers through transactions conducted on its website. According to the complaint, consumers were told by Fashion Nova that their numbers would be used only to provide information regarding purchases. Per the plaintiff, the lawsuit says the woman in May 2018 made a purchase for which she had to provide her cell phone number in order to complete the transaction. Fashion Nova never alerted the plaintiff that, by providing her number, she was consenting to receive automated text messages, the suit reads.
“At no point in time did [the plaintiff] provide [the defendant] with her express written consent to receive automated marketing text messages,” the suit reads, adding the Fashion Nova texts were sent using an automated telephone dialing system prohibited for use in non-emergency situations under the Telephone Consumer Protection Act (TCPA).
The lawsuit asks the court to certify a proposed class consisting of:
“All persons within the United States who, within the four years prior to the filing of this Complaint, were sent a text message, from Defendant or anyone on Defendant’s behalf, to said person’s cellular telephone number, advertising Defendant’s property, goods or services, after having provided their cellular telephone number through Defendant’s website and not being alerted by Defendant that they were consenting to marketing or promotional messages.”