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Fashion Website Faces TCPA Class Claims Over Robo-Texts

Elizabeth DiNardo, Esq. | Associate Counsel

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On June 28, 2019, online fashion website Fashion Nova Inc., was served with class claims in federal court in the Southern District of Florida by a group of plaintiffs alleging that the company violated the Telephone Consumer Protection Act (“TCPA”) by negligently and willfully contacting consumer’s cell phones and therefore invading their privacy. In the complaint, named, plaintiff Jackson Sainvil alleges that defendant Fashion Nova utilizes bulk SPAM text messaging, or SMS marketing, to send unsolicited text messages that advertise Fashion Nova’s merchandise. The plaintiff argues that she has received several unsolicited promotional texts from Fashion Nova despite never having signed-up for text communications, nor engaging in any business relationship with Fashion Nova or utilizing its services.

In order to send out its unsolicited SPAM text messages the defendant used an automatic dialing system, which is prohibited by the TCPA. Automatic telephone dialing systems have the capacity to store numbers in a database and to auto-dial numbers from a list without human intervention as part of scheduled advertising campaigns. Plaintiff argues that in addition to using her cellular data, her privacy was wrongfully invaded and she has become aggravated with having to deal with the frustration of repeated, and unwanted, robo-text messages forcing her to divert attention away from her work and other activities.

Sainvil seeks to represent all persons in the US who were sent one or more text messages from Fashion Nova within the past four years promoting the sale of defendant’s merchandise without prior express written consent. The suit brings causes of action for violations of the Telephone Consumer Protection Act and knowing and/or willful violations of the Telephone Consumer Protection Act. Plaintiff is seeking statutory damages of $500 per text and willful damages of $1,500 per text.

The suit 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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