Fashion Nova accused of texting shoppers before federal quiet hours in new class action lawsuit

On April 24, 2026, Charleen Shavies of Alameda, California, filed a class action lawsuit against Fashion Nova Inc. alleging the company sent her eight promotional text messages before 8 a.m., the earliest hour federal law allows companies to send marketing texts.

Shavies wants to represent a nationwide class of consumers who received similar early morning or late night texts from the retailer.

Congress passed the Telephone Consumer Protection Act in 1991 to limit unwanted telemarketing. The Federal Communications Commission, which enforces the law, set rules barring companies from sending telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m. local time. The rules are commonly known as the quiet hours.

Each message arrived between 7:24 a.m. and 7:32 a.m. Pacific time during the summer of 2025, the lawsuit claims, and each promoted a Fashion Nova deal with a link to fashionnova.com.

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Infographic of the TCPA 8am Rule
TCPA 8am Rule

The promotions reportedly included:

  • 40% off everything
  • Buy-one-get-one-free dresses, sets and rompers
  • Up to 80% off sitewide
  • Free one-day shipping

Shavies never gave Fashion Nova permission to text her with promotions, the complaint alleges, and she had no business relationship with the retailer at the time. She had not bought anything from Fashion Nova in the 18 months before the texts started and had not asked about its products in the three months prior.

Not their first TCPA rodeo

This is not Fashion Nova's first brush with TCPA litigation. The company faced a separate class action in Indiana in 2025 over promotional text messages. That suit landed in court days after the alleged texts went out.

Fashion Nova later won a stay in the Indiana case while the Seventh Circuit Court of Appeals decides whether text messages qualify as "calls" under the TCPA's do-not-call provisions.

What does this means for Fashion Nova customers?

The proposed class would cover anyone in the country who received more than one promotional Fashion Nova text in any 12-month period during the four years before the filing, with at least one of those texts arriving before 8 a.m. or after 9 p.m. local time.

The TCPA allows for statutory damages of up to $500 per violation, or $1,500 per violation if a court finds a company acted willfully or knowingly. Beyond money, Shavies is asking for an injunction stopping Fashion Nova from sending solicitation texts during quiet hours and a jury trial.

The case is structured as a class action, but a judge has not certified the class. Fashion Nova has not formally responded to the complaint. There is no settlement, no claims process and no money available at this time. The lawsuit remains pending in the Northern District of California.