Pacsun ignores text message opt-out requests, new class action lawsuit alleges

On July 27, 2026, Florida resident Marcos Molina filed a class action lawsuit against Pacific Sunwear of California LLC, the Anaheim, California, company behind the Pacsun clothing chain, in the U.S. District Court for the Southern District of Florida.

The suit alleges Pacsun continued to send promotional texts for months after Molina replied asking the company to stop.

Molina's allegations

Screenshots filed with the complaint show a Pacsun message arriving from short code 57840 at 11:15 a.m. on April 24, 2026. It advertised a denim sale, offered a promo code and closed with the line "text STOP to cancel." At 7:32 that evening, Molina claims he replied, "Please refrain from texting me."

The same screenshots document 13 more texts over the following 10 weeks dated between April 26 and July 4. They promoted swim trunks, graphic tees, sitewide discounts, a designer label and a Fourth of July sale, and each one carried a link to Pacsun's site and the same instruction to text STOP, the proposed class action claims.

Molina brings a single count under the Telephone Consumer Protection Act and an accompanying Federal Communications Commission rule. The rule covers marketing texts sent to residential lines, including the cell number Molina uses as his, and gives a company 30 days to act on an opt-out request.

The lawsuit claims Pacsun did not comply with the TCPA and FCC rule because it ignored Molina's opt-out and kept texting, kept no written do-not-call policy or procedures for maintaining the list, and did not train telemarketing staff on do-not-call procedures.

Molina says he infers those gaps from the unanswered request because Pacsun holds the records that would confirm them.

Damages and the proposed class

The complaint describes the harm as invasion of privacy, annoyance and disruption of daily life. The statute sets damages at $500 for each negligent violation and $1,500 for each knowing or willful one. The class action lawsuit characterizes Pacsun's conduct as knowing and willful.

The proposed class covers anyone in the United States who, in the four years before filing, received two or more Pacsun marketing texts within a 12-month period on a residential cell number after replying "stop" or something similar. Molina says he estimates at least 50 people qualify and puts aggregate damages in the millions, while alleging individual claims run too small to justify separate lawsuits.

He also wants a court order requiring Pacsun to comply going forward by adopting written policies, training staff and maintaining a do-not-call list plus a declaration that the company broke federal law.

What this means for Pacsun shoppers

A judge has not yet certified the class , so there is no settlement and no claims process as of filing. Pacsun has not yet answered the complaint in court.