ALAMEDA COUNTY DA O’MALLEY ANNOUNCES CONSUMER PROTECTION SETTLEMENT WITH FASHION NOVA INC.

Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with the District Attorneys of Los Angeles, Napa and Sonoma Counties, settled a civil consumer protection action against a California company known as Fashion Nova, Inc. The judgment was filed in Alameda County Superior Court and signed by Judge Tara Desautels.

Fashion Nova is a retailer that operates in the “fast fashion” industry. “Fast fashion” refers to clothing that moves rapidly from fashion shows or popular culture to mass production and retail sale. The majority of Fashion Nova’s sales take place on-line, over its Internet website wwww.fashionnova.com. The civil action alleges that Fashion Nova violated consumers’ rights by repeatedly failing to fulfill and ship orders within the legally mandated timeframe.

California law requires that orders placed over the Internet generally must be shipped within thirty days, failing which the business must either provide a refund, or take some other action, such as sending the buyer a written notice regarding the delay. The content of these “delay notices” are regulated by statute and must include, among other things, the expected duration of the delay and an offer of a refund, upon request.

The complaint alleges that Fashion Nova repeatedly violated these laws by failing to ship items to California consumers within 30 days of their orders and, at least until April 2018, by failing to provide adequate delay notices. The complaint alleges that Fashion Nova committed other violations of the law, such as failing to adequately disclose its return policy on the website.

“These types of consumer protection laws in California are on the books to make sure retailers treat their customers in an equitable and professional manner,” District Attorney Nancy O’Malley said. “When consumers place an order over the Internet, they are entitled to receive the items promptly or get a legally adequate explanation why they haven’t.”

The judgment includes an injunction to prevent further violations of law and requires Fashion Nova to pay approximately $250,000 in direct restitution to consumers. Without admitting liability, Fashion Nova was further ordered to pay $1.5 million in costs, penalties and other remedial payments. The company cooperated fully in the investigation and agreed to make changes to its business practices.

Posted on Dec 19, 2019