Saks class action lawsuit overview:
- Who: Plaintiff Benjamin Rushin filed a class action lawsuit against Saks.com LLC.
- Why: Rushin claims the company violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited marketing text messages.
- Where: The Saks class action lawsuit was filed in California federal court.
- How to get help: If you received marketing text messages before 8 a.m. or after 9 p.m. local time, you may qualify to take part in a TCPA quiet hours lawsuit investigation.
A new class action lawsuit alleges Saks.com violated federal law by sending unsolicited telemarketing text messages to consumers.
Plaintiff Benjamin Rushin filed the Saks class action complaint on Aug. 7 in California federal court, alleging violations of the Telephone Consumer Protection Act.
According to the class action lawsuit, Saks.com sent unsolicited telemarketing text messages to consumers, including multiple messages initiated before 8 a.m. or after 9 p.m. local time at the called party’s location, in violation of the TCPA.
Rushin claims Saks.com also sent repeated telemarketing text messages to telephone numbers that had been listed on the National Do-Not-Call Registry for at least 30 days.
The plaintiff is looking to represent anyone who, from four years prior to the filing of the class action through to the date of class certification, Saks.com, or anyone acting on its behalf, initiated more than one telephone solicitation text message within any 12-month period to a wireless telephone number used by the called party as a residential line, where at least one such message was initiated before 8 a.m. or after 9 p.m. local time at the called party’s location.
Rushin accuses Saks.com of TCPA violations and is suing for injunctive relief, statutory damages, treble damages for willful or knowing violations, costs and other relief.
Saks text messages were not informational or transactional, class action claims
Rushin claims Saks.com’s text messages were not informational or transactional and were intended to advertise, promote and encourage the purchase of the company’s goods and/or services.
“Plaintiff did not provide [the] defendant with prior express invitation or permission — written or otherwise — to send telemarketing or solicitation text messages to the subject number,” the Saks class action lawsuit says.
The plaintiff claims he had no established business relationship with Saks.com at the time of the messages at issue, arguing the company is not a tax-exempt nonprofit organization and the messages were not sent by or on behalf of a tax-exempt nonprofit organization.
Rushin further claims Saks.com “directly transmitted” the subject messages or used a third-party platform, vendor and/or telemarketing agent to transmit them on the company’s behalf, all constituting direct TCPA violations.
Following a Chapter 11 bankruptcy in 2026, the holding company Saks Global rebranded as Exemplar Luxury Group (ELG) while fully preserving the independent consumer storefronts of Saks.com, Saks Fifth Avenue, Neiman Marcus and Bergdorf Goodman.
Recently, luxury hotel brand Hilton Grand Vacations was also hit with TCPA violations for allegedly sending marketing calls to consumers after they requested not to receive them.
Have you ever received unwanted text messages from Saks.com? Let us know in the comments.
The plaintiff is represented by Vinit R. Venkatesh of PLG Damage Attorneys.
The Saks class action lawsuit is Rushin v. Saks.com LLC, Case No. 2:26-cv-08743, in the U.S. District Court for the Western District of California.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Meta reaches $17B settlement over social media addiction claims
- Class action claims Bloom sparkling energy drinks contain artificial flavor
- Publix frozen berries recall expands over E. coli outbreak linked to 12 illnesses
- Madewell hit with class action over alleged fake sales, inflated reference prices
