Fashion Nova, Inc. faces a proposed class action filed by a Florida consumer who claims he received from the clothing and accessories retailer multiple unsolicited automated text messages.
The 15-page lawsuit claims Fashion Nova engages in bulk text messaging to market and advertise its merchandise. According to the plaintiff, the California-based company sent at least one telemarketing text message without first obtaining express written consent to do so. The texts were allegedly sent via an automated telephone dialing system capable of storing and/or producing numbers to be dialed at random.
“At no time did Plaintiff provide Plaintiff’s cellular phone number to Fashion Nova through any medium, nor did Plaintiff consent to receive such unsolicited text messages,” the lawsuit reads. “Plaintiff has never signed-up for, and has never used, Fashion Nova’s services, and has never had any form of business relationship with Fashion Nova.”