Case Overview
On July 12, 2025, plaintiff Warren Richards filed a class action lawsuit against SHEIN under the Telephone Consumer Protection Act (TCPA). The complaint alleges that SHEIN sent marketing text messages to phone numbers registered on the National Do-Not-Call Registry, which violates TCPA provisions.
To be part of the class, individuals must meet all of the following criteria:
- They did not provide their phone number to SHEIN.
- They received at least two promotional SMS or voice messages from SHEIN within the last 12 months.
- Their number was on the Do-Not-Call Registry for at least 30 days before the messages were sent.
- The alleged violations occurred within four years before the class action was certified.
Case Facts
The plaintiff’s number was registered on the National Do-Not-Call Registry in April 2025. Despite this, he continued receiving marketing texts from SHEIN in June 2025. Crucially, there was more than a 31-day gap between registration and the receipt of messages, and the plaintiff never gave explicit consent to receive such messages nor subscribed to any promotional service.
Under the TCPA, it is unlawful to send marketing communications—including automated text messages—to numbers listed on the federal Do-Not-Call Registry. Additionally, if a consumer receives more than one unsolicited call or message within 12 months, they are entitled to pursue a private cause of action.
Key Takeaway
The TCPA is not limited to voice calls—it also includes automated messages such as SMS. Businesses that claim to have obtained prior express consent bear the burden of proving it, and must also allow consumers to revoke consent at any time, ceasing all communications once consent is withdrawn.
This case underscores the importance of prompt compliance with opt-out requests. Notably, the law previously allowed a 30-day window for companies to act on Do-Not-Call requests, but as of April 11, 2025, following the FCC’s Order 25-23, the window has tightened to just 10 business days.
This enforcement highlights how seriously consumer privacy is protected under the TCPA, especially with regard to unwanted marketing communications.
