Consumer Alleges Fashion Nova Suppresses Negative Product Reviews [UPDATE]
Last Updated on August 8, 2024
Hines v. Fashion Nova, LLC
Filed: April 18, 2022 ◆§ 2:22-cv-02241
A class action alleges Fashion Nova has intentionally suppressed hundreds of thousands of one-, two- and three-star consumer reviews from its website.
June 7, 2023 – Fashion Nova Negative Review Class Action Dismissed; FTC Settlement Offers Refunds
The proposed class action detailed on this page was voluntarily dismissed without prejudice by the plaintiff on June 17, 2022.
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The plaintiff submitted to the court a one-page notice of voluntary dismissal on June 16 of last year, and U.S. District Esther Salas formally tossed the suit the following day. No reason for the dismissal is apparent in available court documents.
Although this case is dismissed, that doesn’t mean Fashion Nova customers are entirely out of luck. In May 2023, the Federal Trade Commission announced that Fashion Nova would pay $4.2 million to settle allegations that it had illegally suppressed hundreds of thousands of negative product reviews online, and eligible consumers can now file a claim for a refund.
To learn more, head over to ClassAction.org’s write-up about the FTC’s Fashion Nova negative review settlement here.
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A proposed class action alleges Fashion Nova has intentionally suppressed hundreds of thousands of one-, two- and three-star consumer reviews from its website in order to artificially inflate the value of its products.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
The 17-page Fashion Nova lawsuit alleges the company has “tak[en] advantage of the fact that prospective consumers rely on fellow consumers’ reviews” prior to buying something online. The complaint, filed in New Jersey federal court on April 18, comes nearly three months after Fashion Nova reached a $4.2 million settlement with the Federal Trade Commission (FTC) over allegations that the “fast fashion” retailer had intentionally blocked negative customer reviews from being posted to its website from as early as late 2015 through mid-November 2019.
The plaintiff, a Clifton, New Jersey resident, contends that neither she nor other consumers would have bought a number of Fashion Nova products, or would have paid as much as they did, had they known of the items’ actual customer ratings.
“Had Defendant not engaged in these deceptive and unfair practices, the average ratings, and inherent value to prospective consumers, of Defendant’s Products would have been lower,” the suit states, adding that the written reviews allegedly suppressed by Fashion Nova would have provided consumers with more information prior to deciding whether to buy certain items.
According to the lawsuit, Fashion Nova’s suppression of poor product reviews online enabled the company to both artificially inflate the average star rating for each of its products and erase any consumer warnings and/or concerns. This information, the suit says, should have been shared with consumers prior to when they made their purchases.
In January 2022, the FTC found that Fashion Nova “installed a third-party online product review management interface” on its website that allowed the retailer to have certain reviews posted automatically based on their star rating and hold back lower-starred reviews for approval prior to posting, the case states.
“The existence of Lower-Starred Reviews would have been material to Plaintiff and members of the Class,” the case reads.
The lawsuit looks to represent all New Jersey consumers who bought an item from Fashion Nova’s website in the state from March 23, 2016 through and including December 25, 2018.
Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.
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