Hugo Boss Facing Class Action Over Alleged Late-Night Spam Texts

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A Pennsylvania resident alleges in a proposed class action that Hugo Boss Fashions, Inc. has illegally sent him more than 100 unsolicited text messages in the past several months.

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The 15-page case says that although the plaintiff’s cell phone number has been listed on the National Do-Not-Call (DNC) registry since May 2023, the fashion retailer began sending him unsolicited “robotexts” last July. The spam text messages—which the plaintiff says he never signed up for—advertise Hugo Boss’s products and include links to its website, the lawsuit claims.

According to the filing, the defendant violated the federal Telephone Consumer Protection Act (TCPA) by making multiple telemarketing solicitations to phone numbers on the National DNC registry without consent.

The plaintiff also alleges that many of Hugo Boss’s text messages were sent in the middle of the night. For example, the suit says, the man received a message from the defendant at 2:05 a.m. on November 13, 2023, stating that its “BOSS x NFL collection is now up to 30% off for a limited time!” Under the TCPA, the retailer is prohibited from initiating telephone solicitations “before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location),” the complaint relays.

Per the case, Hugo Boss’s late-night, unwanted text messages were annoying, distracting and an invasion of the plaintiff’s privacy.

The case argues that Hugo Boss knew it was texting the plaintiff in the middle of the night and that his number was registered on the National DNC list. As such, the TCPA provides consumers with $1,500 per text message if the defendant’s violations are found to be “knowing or willful,” the filing relays.

The lawsuit looks to represent anyone in the United States who, within the past four years, received two or more telemarketing text messages from Hugo Boss, or someone on its behalf, in a 12-month period when their telephone number was on the National Do-Not-Call Registry at the time of the messages.

The suit also seeks to cover anyone in the United States who, within the last four years, received two or more telemarketing text messages from Hugo Boss, or someone on its behalf, in a 12-month period between 9 p.m. and 8 a.m. time.

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