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!