Fashion Nova Wants Proposed Unwanted-Text Class Action Axed

A would-be class action over unsolicited text messages should be dropped because the federal Telephone Consumer Protection Act doesn’t regulate such communications, e-commerce brand Fashion Nova Inc. is arguing in Florida federal court.

The TCPA is “a statute that doesn’t even regulate text messages,” Fashion Nova argued in a motion to dismiss filed June 3 in the U.S. District Court for the Southern District of Florida.

Plaintiffs Juan Grieben and Tynikal Pressley sued Fashion Nova in May, accusing the company of violating the TCPA and the Florida Telephone Solicitation Act by calling and texting them to advertise the store’s sales. ...