This is the second recent case claiming the fast fashion giant sent advertisements to people on the National Do Not Call Registry.
Screenshot: Temu
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.
Get the free daily newsletter read by industry experts
The fast fashion giant said it would transition to a “local fulfillment model” to circumvent the U.S.’ 145% tariff on imports from China.
While closing the duty loophole for low-value goods from China and Hong Kong may offer some benefits, the U.S. fashion industry could face challenges.
Subscribe to Fashion Dive for top news, trends & analysis
Get the free daily newsletter read by industry experts
The fast fashion giant said it would transition to a “local fulfillment model” to circumvent the U.S.’ 145% tariff on imports from China.
While closing the duty loophole for low-value goods from China and Hong Kong may offer some benefits, the U.S. fashion industry could face challenges.
The free newsletter covering the top industry headlines

source