Published
May 30, 2026
Updated
September 26, 2026
If a retailer has texted you ads before 8 a.m. or after 9 p.m., this new TCPA complaint against Fashion Nova shows how the quiet-hours rule works — though there is nothing to claim yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations made by the plaintiff. Fashion Nova has not responded to the complaint, has not been found liable, and denies no wrongdoing has been established. There is no settlement, no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This Lawsuit About?
A California shopper has filed a proposed class action accusing the online fashion retailer Fashion Nova of bombarding her with marketing text messages too early in the morning. The lawsuit says the texts arrived before 8:00 a.m., which, if true, would break a federal rule that sets quiet hours for telemarketing.In plain terms: there is a federal law, the Telephone Consumer Protection Act (TCPA), that says companies are not allowed to send you promotional calls or texts before 8:00 a.m. or after 9:00 p.m. in your local time. The plaintiff says Fashion Nova ignored that rule and texted her advertisements in the 7 a.m. hour on eight different days. She wants to represent everyone who got similar early or late marketing texts.
The case, Charleen Shavies v. Fashion Nova, Inc., Case No. 3:26-cv-03523-JCS, was filed on April 24, 2026 in the United States District Court for the Northern District of California. It is brand new and at the earliest stage. Nothing has been decided, and there is no money to claim.
The TCPA Quiet-Hours Rule, Explained
Congress passed the TCPA in 1991 to rein in intrusive telemarketing. One of its protections, found in the FCC's regulations at 47 C.F.R. § 64.1200(c)(1), creates a window of quiet hours. During those hours a company cannot initiate a telephone solicitation to a residential subscriber.The quiet hours run before 8:00 a.m. and after 9:00 p.m., measured in the local time of the person receiving the message. Courts have long held that a text message counts as a "call" under the TCPA, so a promotional text sent at 7:30 a.m. can fall squarely within the prohibited window.
There are exceptions. The rule does not apply if you gave the company prior express permission to text you, if you have an established business relationship with the company, or if the message comes from a tax-exempt nonprofit. The complaint alleges none of those exceptions apply here. If you have been getting marketing texts at odd hours, our overview of TCPA spam text investigations explains how the quiet-hours rule and related TCPA protections tend to work.
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What Fashion Nova Allegedly Did
According to the complaint, the plaintiff is the regular user of a personal wireless number she uses like a home phone line. She says she never gave Fashion Nova permission to send her marketing texts and had no current business relationship with the company when the messages arrived.The lawsuit lists eight specific marketing texts it says Fashion Nova sent while she was located in Hayward, California, each one before 8:00 a.m. local time:
• June 4, 2025 at 7:26 a.m.
• June 24, 2025 at 7:30 a.m.
• June 26, 2025 at 7:32 a.m.
• July 2, 2025 at 7:29 a.m.
• July 9, 2025 at 7:29 a.m.
• July 16, 2025 at 7:24 a.m.
• July 30, 2025 at 7:31 a.m.
• August 6, 2025 at 7:30 a.m.
The complaint says the messages identified Fashion Nova by name and promoted its products, and that they were advertising rather than order updates or other transactional notices. The plaintiff alleges the early texts invaded her privacy and disturbed her peace. Again, these are allegations the plaintiff must still prove.
Who Could Be Part of the Proposed Class?
The lawsuit seeks to represent a nationwide group it calls the TCPA After-Hours Class. As described in the complaint, it would include people in the United States who, in the four years before the case was filed through the date the class is certified, received more than one marketing text within a twelve-month period from Fashion Nova, or someone acting on its behalf, on a wireless number used as a residential line, where at least one of those texts came before 8:00 a.m. or after 9:00 p.m. in the recipient's local time.The complaint estimates the class could number in the hundreds or thousands, with the exact members identifiable through Fashion Nova's own records and those of its texting vendors. The proposed class definition can still change as the case develops.
What the Lawsuit Is Asking For
The TCPA gives people who receive illegal solicitations a private right to sue. For quiet-hours violations, the law allows recovery of actual monetary loss or up to $500 for each violating message, whichever is greater. If a court decides the violations were willful or knowing, it can increase the award to as much as three times that amount, or up to $1,500 per message.The complaint asks the court to certify the class, to order Fashion Nova to stop sending texts during quiet hours, and to award statutory damages, treble damages for any willful conduct, and costs. These are the amounts the plaintiff is seeking. They are not a settlement, they are not an award, and they are not guaranteed.
Read the Complaint
You can read the full class action complaint below.What Happens Next?
Because the case was just filed, the next steps are procedural. Fashion Nova will have an opportunity to respond, which often means filing a motion to dismiss or an answer. The parties would then move into discovery, and at some point the plaintiff would ask the court to certify the class. Many TCPA cases settle, but many are also fought, narrowed, or dismissed. There is no timeline yet, and no outcome is assured.We will update this page if the case reaches a class certification ruling, a proposed settlement, or another significant milestone.
Got Early or Late Marketing Texts? What to Know
If a retailer has been texting you advertisements before 8:00 a.m. or after 9:00 p.m. your time, those messages may implicate the same quiet-hours rule at issue here. A few practical notes:• Keep the texts. Do not delete them. The timestamp and the sender are the key details.
• Note your time zone. The rule is measured in your local time, so where you were when the text arrived matters.
• Track frequency. The quiet-hours private right of action generally involves more than one message within a twelve-month period.
• Learn the landscape. Our TCPA spam text investigation hub covers other cases involving early, late, or unwanted marketing texts.
This is general information, not legal advice. Whether any particular text violates the TCPA depends on the specific facts.
Other Fashion Nova and TCPA Cases
Fashion Nova has been named in other consumer class actions. One example is a Fashion Nova website accessibility settlement, which addressed different claims about the company's online store. Class membership in one case does not affect another. The Justice Department has since stepped in to oppose that deal — see our coverage of the DOJ's opposition to the Fashion Nova accessibility settlement. A separate deceptive-pricing case produced the Fashion Nova $12 voucher settlement for shoppers billed in California, Oregon or Washington, which has nothing to do with text messages.For background on the terms used in this article, see the OCA class action dictionary entry on the TCPA.
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Frequently Asked Questions
Is there a Fashion Nova settlement I can claim right now?Not in this text-message case. It is at the complaint stage: a lawsuit has been filed, but there is no settlement, no certified class, and nothing to claim. The allegations are unproven. A separate deceptive-pricing case produced the Fashion Nova $12 voucher settlement, which emails a voucher to eligible California, Oregon and Washington shoppers with no claim form.
What does the lawsuit say Fashion Nova did?
It alleges Fashion Nova sent unsolicited marketing texts before 8:00 a.m. local time on eight dates between June and August 2025, all in the 7 a.m. hour, in violation of the TCPA quiet-hours rule. These are allegations only.
What is the TCPA quiet-hours rule?
Under the TCPA and FCC regulations (47 C.F.R. § 64.1200(c)(1)), companies generally cannot send telemarketing calls or texts to residential subscribers before 8:00 a.m. or after 9:00 p.m. in the recipient's local time. A text counts as a call for this rule.
How much money is at stake?
The TCPA allows up to $500 per violating message, or actual loss if greater, and up to $1,500 per message for willful or knowing violations. Those are the statutory amounts sought, not a settlement or a guaranteed recovery.
What should I do if I got early-morning or late-night marketing texts?
Keep the messages, note the sender and the exact date and time, and save screenshots that show the timestamp. You can read our TCPA spam text overview for background. This is general information, not legal advice.
Sources
• Charleen Shavies v. Fashion Nova, Inc., Case No. 3:26-cv-03523-JCS, U.S. District Court, Northern District of California, Class Action Complaint filed April 24, 2026• Telephone Consumer Protection Act, 47 U.S.C. § 227(c); FCC regulations, 47 C.F.R. § 64.1200(c)(1) and (e)
• Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (2016) (text message is a "call" under the TCPA)
About This Page
This page summarizes a class action complaint in Charleen Shavies v. Fashion Nova, Inc., Case No. 3:26-cv-03523-JCS (United States District Court, Northern District of California). The allegations described here are unproven, and Fashion Nova has not been found liable for anything. OpenClassActions.com is a consumer news site and is not a law firm, the plaintiff's counsel, Fashion Nova, or a party to this case. This page is for informational purposes only and does not constitute legal advice. There is no settlement and nothing to claim at this time. If a settlement is reached in the future, we will update this page.Case Information
Case Title: Charleen Shavies v. Fashion Nova, Inc.Case Number: 3:26-cv-03523-JCS
Court: United States District Court, Northern District of California
Date Filed: April 24, 2026
Alleged Violations: 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200(c)(1) (TCPA quiet-hours rule)
Status: Complaint filed; no settlement, no certified class
For more class actions keep scrolling below.
Case Title
Shavies v. Fashion Nova, Inc.
Case Number
3:26-cv-03523-JCS
Court
U.S. District Court, Northern District of California
