Skims texted customers before 8 a.m., a new class action lawsuit alleges

On Aug. 25, 2026, Alicia Fasheh filed a class action lawsuit against Skims Body Inc. in the U.S. District Court for the Central District of California.

The complaint alleges the apparel brand sent her five marketing texts before 8 a.m., the hour federal rules set as the earliest a company may market to a consumer by phone or text.

The filing claims Fasheh received the texts in San Clemente, California, on the following dates and times:

  • July 10, 2024 at 7:16 a.m.
  • Sept. 19, 2024 at 7:07 a.m.
  • Oct. 11, 2024 at 7:12 a.m.
  • Nov. 19, 2024 at 6:13 a.m.
  • Nov. 26, 2024 at 7:03 a.m.

The TCPA

The lawsuit cites the Telephone Consumer Protection Act, a 1991 law Congress passed in response to the growth of the telemarketing industry. Regulations the Federal Communications Commission wrote under that law bar telemarketing calls and texts before 8 a.m. or after 9 p.m. in the recipient's local time. Under the TCPA, courts treat a text message as a call, and the complaint brings its single count under that rule, which it calls a quiet-hours claim.

There are exceptions to the rule: A company can text someone who gave express permission, who bought something from it in the previous 18 months or who asked about its products in the previous three months. Tax-exempt nonprofits fall outside the rule, as well.

However, the lawsuit claims those exceptions do not apply to Fasheh.

What the lawsuit seeks

Each message Skims sent outside the required window of time can count as its own violation, and the statute allows recipients to recover their actual losses or up to $500 per violation, whichever is greater, according to the complaint. A judge who finds a company acted willfully or knowingly can triple that figure to $1,500. Fasheh seeks both, plus a court order barring Skims from sending telemarketing messages during restricted hours, costs and interest.

Skims reportedly kept the campaign running, and Fasheh's number stayed in the systems the company used to send the messages, according to the proposed class action.

What this means for Skims customers

The proposed class covers people nationwide who received more than one telemarketing text from Skims or its agents within a single 12-month period on a wireless number they use as a home line with at least one message arriving before 8 a.m. or after 9 p.m. at their location.

Skims has not responded in court or admitted wrongdoing. A judge has not decided whether the case can proceed as a class action, and, as of this writing, there is no settlement, no claims process and no money available.