Dive Brief:
- Temu is facing another class action lawsuit accusing it of sending marketing texts to people on the National Do Not Call Registry, according to court documents.
- In July, another lawsuit was filed against Temu alleging the same claim. However, the plaintiff voluntarily dismissed the complaint in August.
- In the newly filed case, attorneys for the plaintiffs are requesting a jury trial. This class action case marks the latest in a string of recent legal battles for Temu.
Dive Insight:
The complaint was filed Thursday in the U.S. District Court for the District of Massachusetts and claims violation of the Telephone Consumer Protection Act of 1991.
The lead plaintiff in the case has been registered with the National Do Not Call Registry since 2010, according to the complaint, and received texts advertising Temu without “prior express written consent.”
Attorneys in the case argue that text message advertising differs from conventional advertising because they could cost recipients money and texts are “distracting and aggravating to the recipient and intrudes upon the recipient’s seclusion.”
“Temu takes consumer protection seriously,” a Temu spokesperson said in an email to Fashion Dive. “We believe the lawsuit is without merit and intend to defend our interests vigorously.”
In August, Temu faced another similar lawsuit over text messaging and violation of the Telephone Consumer Protection Act. That one, however, claimed Temu sent marketing texts to users who had opted out of them. Similar to the July class action, the complaint was voluntarily dismissed by the plaintiff. Attorneys for the plaintiff opted to handle the dispute through arbitration rather than the courts, according to the notice of dismissal.
Temu has seen a surge in popularity since its U.S. launch in 2022 and has earned appeal among budget-conscious consumers. However, it has faced several legal challenges.
The company is facing two class action lawsuits related to data privacy.
Last year, it was sued for allegedly failing to secure its customers’ personal and financial data. A judge in that case granted Temu’s request to compel arbitration last week.
It was later sued for allegedly misleading consumers about the scope and reach of its data collection; that case is ongoing.
It has also been sued by its fast fashion rival Shein, which claimed Temu wasn’t a legitimate e-commerce company and “strategically ripped off” Shein.
