Nuisance Text Messages from Fashion Nova Prompt Lawsuit

Clothing company Fashion Nova has been accused of sending nuisance text messages without the permission of the recipients, according to a new lawsuit.

The consumers who took the legal action say that the company’s telemarketing efforts have violated the Telephone Consumer Protection Act in addition to disrupting lives.

Plaintiff Jackson Sainvil says that the marketing text messages that Fashion Nova sent to his cell phone broke TCPA rules because the company used an automated system to send them.

The TCPA class action lawsuit seeks actual damages and statutory damages, which can be trebled for consumers who find companies in violation of telephone laws. Statutory damages can be trebled as high as $1,500 for each violation. This kind of claim can be brought by a consumer who argues that the company accused has willfully violated consumer laws such as the TCPA.

Sainvil alleges that Fashion Nova was well aware they didn’t have the express consent required to market to the consumer and therefore should have known that their behavior was a violation of existing laws.

Sainvil seeks to represent a Class of people who received a minimum of one text message from Fashion Nova. The retailer has six locations in Southern California and a popular web presence and search engine ranking. The lawsuit states that those who received a text had their privacy violated.

The Widespread Problem of Nuisance Text Messages

Sainvil’s TCPA lawsuit mirrors claims made by many other consumers who’ve received text messages they never agreed to receive. Consumers have initiated litigation for violations involving not just texts, but also faxes and phone calls.

Many of the suits most recently brought target restaurants and clothing retailers attempting to tap into the mobile market.

Automated systems run through phone numbers quickly in order to send mass text messages. While these might seem convenient for the companies using text messages to market themselves, it can be a violation of the TCPA, which restricts the use of systems like autodialers.

Furthermore, any company using text messaging as a form of marketing must comply with other aspects of the TCPA, such as getting written consent from the consumer.

Consumers have called on the Federal Communications Commission to do more when it comes to unwanted communications, especially as more companies are trying to use text messaging for marketing purposes. Even though filing a complaint with the FCC notifies the government about this behavior, that alone does not allow consumers to collect individual awards.

SMS marketing can be effective when the sender has the permission of the recipient and when the texts comply with the TCPA. But as many businesses have discovered, it can be costly to ignore the protocols. Jiffy Lube was on the hook for $47 million as a result of a text message they sent to consumers who never signed up, and many more companies have been targeted in similar litigation.

To take legal action against a company that has violated the TCPA, you might need to speak with an experienced consumer protection lawyer. Top Class Actions has a network of experienced attorneys familiar with TCPA litigation.

The Nuisance Text Messages Class Action Lawsuit is Sainvil v. Fashion Nova Inc., Case No. 0:19-cv-61620, in the U.S. District Court for the Southern District of Florida.

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If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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This article is not legal advice. It is presented 
for informational purposes only.