TCPA class action lawsuits overview:
- Who: Four consumers filed separate class action lawsuits against Skims Body Inc.; Urbn Us Retail LLC, which does business as Urban Outfitters; Birkenstock USA LP; and Foot Locker Inc.
- Why: The plaintiffs claim the retailers sent texts that violated federal telemarketing rules.
- Where: The class action lawsuits were filed in California federal court.
- How to get help: If you received spam text messages before 8 a.m. or after 9 p.m., you may qualify to participate in the TCPA quiet hours lawsuit investigation.
Skims, Urban Outfitters, Birkenstock and Foot Locker each face a class action lawsuit claiming their marketing texts violated the Telephone Consumer Protection Act (TCPA).
Plaintiff Alicia Fasheh claims in her Skims class action that she received five marketing texts between 6:13 a.m. and 7:16 a.m. from July to November 2024 while in San Clemente, California. She alleges she never gave Skims permission to text her and had not bought from the company within 18 months of the messages.
Federal rules under the TCPA bar companies from sending telemarketing calls to residential phone subscribers before 8 a.m. or after 9 p.m. local time, and text messages count as calls under the law.
The Skims class action lawsuit is one of four similar TCPA lawsuits that the same attorney filed against retailers in California federal court.
Fasheh wants to represent a nationwide class of individuals who received more than one telemarketing text from Skims within 12 months on a cell phone used as a residential line, where at least one message arrived before 8 a.m. or after 9 p.m. local time. The other three complaints propose the same after-hours class.
Other TCPA lawsuits allege 5 a.m. texts, ignored opt-out requests
Plaintiff Dimples Tarlton claims Birkenstock sent her 14 marketing texts between Jan. 29 and Feb. 12, 2026, nine of them between 5:02 a.m. and 5:47 a.m. Tarlton says her number has been on the National Do-Not-Call Registry since 2005, and she proposes a second class of registry members.
Plaintiff Epaggelia Simpson brings similar claims against Urban Outfitters, alleging she received 22 texts between 6:23 a.m. and 7:23 a.m. from January to July 2026.
The Foot Locker case differs in that plaintiff Bridget Botto claims she asked the retailer to stop texting her on July 7, 2025, but it sent at least two more solicitations. Botto argues that Foot Locker failed to maintain the do-not-call list and provide staff training as required by federal regulations.
“[Foot Locker] continued to text message the plaintiff and class members to harass them into making purchases,” the Foot Locker class action lawsuit says.
Each plaintiff is seeking statutory damages of up to $500 per violation, triple damages for willful violations and an injunction. All four TCPA class action lawsuits demand a jury trial.
Meanwhile, two consumers filed separate class action lawsuits accusing AT&T of violating the TCPA by continuing to send marketing text messages to consumers who had asked the company to stop.
Have you ever received early-morning texts from a retailer? Let us know in the comments.
The plaintiffs are represented by Vinit R. Venkatesh of PLG Damage Attorneys.
The TCPA class action lawsuits are Fasheh v. Skims Body Inc., Case No. 8:26-cv-02378; Tarlton v. Birkenstock USA LP, Case No. 2:26-cv-11801; and Botto v. Foot Locker Inc., Case No. 2:26-cv-11798, all in the U.S. District Court for the Central District of California; and Simpson v. Urbn Us Retail LLC, Case No. 2:26-at-01418, in the U.S. District Court for the Eastern District of California.
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