Skims Body class action claims company sends text messages outside defined hours

Skims Body text messages class action overview:

• Who: A California woman has filed a class action lawsuit against Kim Kardashian’s clothing brand Skims Body.
• Why: The plaintiff says the company sent early-morning marketing texts, in violation of the law.
• Where: The Skims Body class action was filed in a California federal court.

A California woman has hit Skims Body with a class action lawsuit alleging Kim Kardashian’s popular apparel company violated federal telemarketing laws by sending marketing text messages at unlawfully early hours of the morning. 

Plaintiff Isabel Alvarez filed the class action complaint Dec. 16 against Skims Body Inc. in a California federal court.

Alvarez claims the texts disrupted her peace and violated the Telephone Consumer Protection Act.

The Skims Body text messages lawsuit alleges that Skims sent at least eight promotional text messages to Alvarez’s phone between Nov. 19 and Dec.13, 2024, many of which arrived before 8 a.m. 

“The telephone solicitations were initiated at 6:01 AM, 6:08 AM, 6:11 AM, and 7:08 AM in Plaintiff’s time zone,” the complaint says. Alvarez, who uses the number as her residential line, says she never gave Skims consent to contact her outside permitted hours.

TCPA bans early morning telemarketing, lawsuit says

The TCPA prohibits telemarketing calls or messages to residential lines before 8 a.m. or after 9 p.m. and provides consumers the right to sue violators for damages. 

“The Defendant’s unlawful conduct resulted in intrusion into the peace and quiet in a realm that is private and personal to Plaintiff and the Class members,” the complaint says.

As a result, Alvarez is looking to represent anyone in the U.S. who received more than one marketing text from Skims within a 12-month period before 8 a.m. or after 9 p.m. over the past four years.

She is seeking certification of the Skims Body text messages class action, damages, fees, costs and injunctive relief to stop Skims’ messaging practices.

Meanwhile, consumers recently filed a pair of class action lawsuits against Carvana and Bath Fitter over alleged violations of the Telephone Consumer Protection Act, alleging the companies were sending unsolicited telemarketing text messages and/or phone calls. 

What do you think of the allegations in this Skims Body class action? Let us know in the comments. 

The plaintiff is represented by Gerald D. Lane Jr. of The Law Offices of Jibrael S. Hindi.

The Skims Body class action is Isabel Alvarez v. Skims Body Inc., Case No. 2:24-cv-10806 in the U.S. District Court for the Central District of California. 

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