FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That Fast

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year.

And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova.

Fashion Nova, which Wikipedia calls a “fast fashion retailer”– no idea what that means– was sued in a TCPA class action in Indiana yesterday for messages that were sent less than two weeks prior in late May, 2025!

Indeed the complaint alleges illegal messages were sent in June, 2025 as well. So we are talking less than 10 days from messages to class action.

Fast fashion indeed.

The allegations are pretty standard. Plaintiff claims he was on the national DNC list but still received unwanted marketing SMS messages.

The messages advertised a Memorial Day sales event and were pretty clear part of a discount club. My bet is this was a wrong number text situation but I do not know that for sure.

Retailers definitely need to keep their eye on TCPA developments as they have been hammered with suits recently– particularly those involving SMS clubs.

Biggest risk is wrong number texting– which is why the use of the FCC’s Reassigned Numbers Database is so critical!

Speaking of the RND, the executive director Beth Sprague will be IN PERSON at Law Conference of Champions next month. If you have ever wondered about the RND you should definitely attend because there is no better person to talk to than Beth!!!

Plus a ton of retailers will be there in person and VIRTUALLY, because EVERYONE needs to know more about TCPA and data privacy and AI regulation right now. Incredible panels!

Chat soon.

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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