Federal Trade Commission v. Fashion Nova Inc.
Published: Apr. 23, 2021 | Filing Date: Apr. 20, 2020 |Case number: 2:20-cv-03641 Settlement – $9,300,000
Court
CD CA
Attorneys
Plaintiff
Stacy R. Procter
(Federal Trade Commission)
Kenneth H. Abbe
(Federal Trade Commission)
Dorothy Emily Wu
(Federal Trade Commission)
Defendant
Jeffrey D. Knowles
(Venable LLP)
Alexandra Megaris
(Venable LLP)
Facts
Fashion Nova made promises to consumer for years that they offer fast shipping of their products. Fashion Nova, at times, failed to refund customers for items that it did not ship but instead issued gift cards. The Federal Trade Commission sued Fashion Nova as a result.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Defendant violated the agency's Mail Order Rule when Defendant made promises of fast shipping of their products but regularly failed to meet its promises. Defendant also violated the Mail Order Rule by failing to notify customers of shipping delays and giving the chance to cancel orders and receive prompt refunds. Additionally, Plaintiff contended that Defendant failed to refund consumers for items it did not ship by issuing gift cards in place of refunds.
DEFENDANT CONTENTIONS: Defendant neither admitted nor denied any of the allegations, except specifically in the stipulation.
Result
FTC and Fashion Nova settled for $9,300,000.00 which is to be used to refund consumers were harmed.
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