Fashion Nova Accused of Sending Unlawful, Automated Text Messages

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A proposed class action claims Fashion Nova has illegally sent automated promotional text messages to consumers without consent.

The 19-page Fashion Nova lawsuit alleges that the online fashion retailer has run afoul of the Florida Telephone Solicitation Act (FTSA), a state law that prohibits companies from soliciting the sale of goods or services using an automated system for telephone calls, text messages or voicemail transmissions with first obtaining written consent. 

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According to the suit, Fashion Nova’s dialing equipment, hardware and software are capable of selecting and texting numerous phone numbers “en masse” in an “automated fashion and without human intervention.”

The plaintiff, a Florida consumer, claims that in August 2022, Fashion Nova, or another person on its knowing behalf, sent him the following text message advertising a Labor Day sale, along with a link to the company’s website:

The plaintiff claims to have never given Fashion Nova prior written consent to contact his phone number.

According to the complaint, any person “aggrieved” by a violation of the FTSA may recover $500 for each violation and up to $1,500 for each knowing or willful violation.

The lawsuit looks to represent anyone in Florida who, since July 1, 2021, received a telephonic sales call made by or on behalf of Fashion Nova using the same type of equipment used to make the alleged telephonic sales calls to the plaintiff.

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