Case Overview: A class action lawsuit claims Skims sent telemarketing texts to consumers at prohibited hours, violating the Telephone Consumer Protection Act (TCPA).
Consumers Affected: Consumers in the U.S. who received telemarketing texts from Skims at prohibited hours.
Court: U.S. District Court for the Central District of California
Kim Kardashian’s underwear brand, Skims, is facing legal action over claims it violated the Telephone Consumer Protection Act by sending marketing text messages during prohibited hours.
The lawsuit alleges that Skims sent unsolicited telemarketing texts to consumers, including one plaintiff, before 8 a.m. and after 9 p.m.—violating federal laws designed to protect consumer privacy.
The plaintiff is seeking an injunction to halt the brand's alleged telemarketing practices and hold Skims accountable for intruding on the personal and private lives of consumers.
California resident Isabel Alvarez filed the proposed class action lawsuit saying she received multiple text messages from Skims between November 19 and December 13, 2024. The texts, sent as early as 6:01 a.m., promoted the company’s products and services.
In total, the plaintiff received eight messages during prohibited hours over the course of one month. Alvarez, who uses her phone for personal purposes, claims she never gave consent for such messages to be sent.
According to the lawsuit, these early morning texts disrupted her peace and violated her right to privacy. Skims allegedly has access to detailed transmission logs for its marketing campaigns, which she argues could serve as evidence in the case.
The TCPA is a federal law designed to protect consumers from intrusive telemarketing practices, including unwanted calls and text messages. Under the law, businesses are prohibited from initiating telemarketing communications to residential numbers outside the hours of 8 a.m. to 9 p.m.
The TCPA also bans the use of automated dialing systems and prerecorded messages without prior consent. Consumers who receive unwanted communications can file lawsuits or complaints with the Federal Communications Commission, which enforces the law.
The goal of the TCPA is simple: to preserve the privacy of consumers and shield them from aggressive telemarketing tactics.
Skims isn’t the only brand facing heat over alleged TCPA violations. Major companies like Snapchat, Yelp, and Office Depot have also been accused of disregarding telemarketing regulations.
Snapchat is currently battling claims that it sent unsolicited text messages to numbers on the federal Do-Not-Call Registry in an effort to drive app downloads. Similarly, Yelp and Temu are facing lawsuits for telemarketing calls and spam texts to consumers who had not given consent.
In her lawsuit against Skims, Alvarez wants to represent anyone in the United States who from four years prior to the filing got a message from Skims between 9 p.m. and 8 a.m. She is seeking damages, injunctive relief, interest, fees, and costs.
Case Details
Plaintiffs' Attorneys
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