Luxury fashion brand Alice + Olivia is facing fresh legal scrutiny after a new Telephone Consumer Protection Act (TCPA) class action lawsuit claimed the company continued sending marketing texts for almost two months after a customer allegedly asked for “No more messages.” Filed on January 20, 2026, in the Southern District of Florida, the complaint in Chernova v. Alice + Olivia, LLC, No. 1:26-cv-20356-CMA accuses the label of ignoring clear opt out requests and failing to maintain the internal “do not call” systems that federal law requires.
How The Dispute Began
According to the complaint, plaintiff Natali Chernova began receiving promotional texts from Alice + Olivia’s short code 54098 in April 2025. On April 22, 2025, she allegedly replied “No more messages” in an attempt to opt out. The system responded with a standard “Thanks for texting us!” autoreply, but, as alleged, the marketing flow did not actually stop.
Instead, just two days later, on April 24, Alice + Olivia allegedly pushed an early access message: “you’re officially on the list early access to the vacation drop starts now!” On April 25, the plaintiff says she received another text: “24 hours left, your early access to the vacation drop ends tonight!” and responded with a second “No more messages” that same day. The complaint describes what followed as a “persistent and incessant barrage” of texts across May and June 2025, from “the thong drop” promotions to “Happy Pride” sale messaging.
The messages allegedly did not stop until June 10, 2025, almost two months after the first opt out attempt, raising the question of whether the brand honored the request within the legal time frame.
What The Lawsuit Claims Under the TCPA
The lawsuit says that Alice + Olivia violated 47 U.S.C. § 227(c) and its implementing rule 47 C.F.R. § 64.1200(d), which governs internal “do not call” (DNC) procedures. Under this rule, companies must:
- Maintain a written policy for an internal DNC list.
- Train personnel on how to use it.
- Honor a consumer’s DNC request within a “reasonable” time, defined as no more than ten business days from receipt.
The complaint also notes that Alice + Olivia did not have the required written policies or training in place and failed to process the plaintiff’s opt out within the ten business day window. If a class is certified, the case will test how courts apply these internal DNC obligations to fashion brands’ text marketing programs at a time when retailers increasingly lean on SMS to drive sales.
The plaintiff is looking to represent a National Internal Do Not Call Class that would include, over the four years before the complaint was filed, all people in the United States who:
- Received more than one text message in a 12 month period from or on behalf of Alice + Olivia.
- Got texts promoting the company’s goods or services on their cellular numbers.
- Were contacted while the company allegedly did not maintain the procedures required by 47 C.F.R. § 64.1200(d).
Under the TCPA, consumers in similar cases can apply for statutory damages that can reach hundreds or even thousands of dollars per person, depending on the number of messages and whether violations are found to be willful, making SMS practices a growing compliance flashpoint for retail and fashion brands.
The lawsuit comes as other apparel and lifestyle companies, from fast fashion to activewear, also face TCPA exposure over how they handle opt outs and internal DNC requests, signaling that text driven growth strategies are now firmly in regulators’ notice.
