Michael Kors Hit with TCPA Class Action Over DNC Texts

Luxury handbags, sparkling watches, and… unwanted text messages? That’s the uncomfortable combo at the heart
of a new class action lawsuit accusing Michael Kors of violating the Telephone Consumer Protection Act (TCPA)
by sending marketing texts to people whose numbers were on the National Do Not Call (DNC) Registry.
For consumers, it’s a reminder that “STOP” should actually mean stop. For brands, it’s a loud,
legally enforceable warning: your SMS marketing strategy needs to be as polished as your storefront.

In this in-depth guide, we’ll unpack what this Michael Kors TCPA class action is about, how the DNC rules
apply to text messages, what kind of exposure companies face, and what both consumers and marketers can
learn from this latest “not-so-stylish” lawsuit.

Background: What Is the Michael Kors TCPA Class Action About?

In June 2025, plaintiff Victoria Soboleski filed a putative class action lawsuit against
Michael Kors (USA), Inc. in the U.S. District Court for the Eastern District of Michigan,
case number commonly cited as Soboleski v. Michael Kors (USA), Inc., No. 2:25-cv-11838.
The complaint alleges that Michael Kors sent marketing text messages promoting its products to consumers
whose phone numbers were:

• Registered on the National Do Not Call Registry (DNC), and
• Allegedly texted without the required level of prior express written consent.

According to the complaint and legal commentary, the texts were promotional in naturethink store offers,
sales, or brand marketingrather than purely informational. Because the recipients’ numbers were allegedly
on the DNC list for at least 30 days before receiving the texts, the suit claims that Michael Kors violated
the TCPA’s Do-Not-Call rules that apply to telephone solicitations, including certain SMS campaigns.

At this stage, these are allegations, not proven facts. Michael Kors will have the
opportunity to defend itself, challenge class certification, and contest whether the messages violated
the TCPA at all. But regardless of how the case ultimately plays out, it highlights a pattern: fashion
and retail brands continue to find themselves in the crosshairs of TCPA class actions over text marketing.

Quick Refresher: What Is the TCPA and Why Does It Cover Text Messages?

The Telephone Consumer Protection Act (TCPA) is a federal law enacted back in 1991 to
curb aggressive telemarketing practices. While lawmakers were worried about dinner-time robocalls, the
statute has evolved to cover modern channels like SMS and text messaging.

Key TCPA Rules Relevant to Text Marketing

• Text messages can be treated as “calls.” Courts and regulators have generally held that
  an SMS sent to a mobile phone is treated as a “call” for TCPA purposes. That means the same restrictions
  that apply to telemarketing calls often apply to promotional texts.
• Prior express written consent is usually required for marketing texts. If you’re sending
  promotional or advertising messages to a cell phone using an automated platform, you typically need the
  consumer’s written consentcaptured via a web form, text opt-in, or similar method, with
  specific TCPA disclosures.
• DNC rules restrict marketing to registered numbers. The National Do Not Call Registry
  allows consumers to opt out of telemarketing. Sending marketing calls or texts to those numberswithout
  a valid exception or established business relationshipcan trigger liability.
• Statutory damages add up fast. The TCPA offers a private right of action with
  statutory damages of $500 per violation, or up to $1,500 per willful or
  knowing violation. Multiply that by thousands (or millions) of messages, and the potential
  exposure skyrockets.

In other words: that one marketing campaign that felt like a harmless “blast” could become a
multi-million-dollar problem if consent and DNC compliance weren’t handled properly.

What the Complaint Claims Michael Kors Did Wrong

While every TCPA class action has its own spin, the allegations against Michael Kors follow a familiar script
seen in other retail and fashion-related cases:

1. Unwanted marketing texts. Consumers allegedly received promotional SMS messages offering
   deals, discounts, or brand updates from Michael Kors.
2. Numbers on the National DNC Registry. The named plaintiff claims her number, and those
   of putative class members, were listed on the National Do Not Call Registry for at least 30 days before
   receiving the texts.
3. Insufficient consent. The lawsuit contends that Michael Kors did not obtain valid
   prior express written consent for these marketing messages, or that any consent given was not compliant
   with TCPA standards.
4. Use of automated technology. Many TCPA complaints allege the use of an automated
   dialing system or mass-texting platform. Whether a specific platform qualifies as an “autodialer”
   is a hotly contested legal issue, but the presence of automated or mass messaging often strengthens
   the plaintiff’s theory that the TCPA applies.

The proposed class generally includes all individuals in the United States who received similar marketing
texts from Michael Kors while their numbers were on the DNC Registry, within the applicable limitations period.

Is This the First Time Michael Kors Has Faced TCPA Attention?

Not exactly. Michael Kors has appeared in TCPA and telemarketing-related litigation before, including past
allegations involving unsolicited text messages. More broadly, the company has been targeted in consumer
class actions over other marketing practices, such as “reference pricing” in outlet stores, where plaintiffs
claimed that original prices on tags were misleading compared to long-term sale prices.

That doesn’t mean Michael Kors is uniquely problematic; it means that large, consumer-facing brands with
aggressive marketing strategies tend to attract legal scrutiny. When your name recognition is high and your
marketing volume is huge, it doesn’t take many unhappy consumersor a single motivated plaintiffto spark
a lawsuit.

Why the DNC Text Issue Is Getting Even More Complicated

Just to make things more interesting, the legal landscape for TCPA claims involving texts and the DNC rules
is in flux. Courts have issued different rulings on whether all text messages qualify as “calls” for
Do-Not-Call purposes, and some recent appellate cases are testing the limits of how far TCPA protections
extend to modern messaging technologies.

On top of that, a recent Supreme Court decision has made clear that federal district courts are no longer
strictly bound by the FCC’s historical interpretations of the TCPA. That creates more room for courts to
carve their own views on what counts as a “call,” what qualifies as an autodialer, and how DNC rules apply
to texts. The result: more uncertainty for businesses, and more fertile ground for creative plaintiff theories.

For companies like Michael Kors, this means that even if they tried to follow prior FCC guidance, they may
still face litigation testing new interpretations of the law. For consumers, it means courts may diverge
on what protections apply in specific scenarios.

What Consumers Need to Know About DNC Texts

1. The National Do Not Call Registry Isn’t Just for Calls

Many people sign up for the DNC list to block annoying telemarketing calls, but don’t realize it can also
be relevant to certain text messages. If you’re on the Registry and you’re getting repeated promotional texts
from a brand you never knowingly opted into, that might be more than an annoyanceit could be a potential
TCPA violation, depending on the facts.

2. “STOP” Should Mean Stop

Most legitimate SMS campaigns include an opt-out command like “Text STOP to unsubscribe.”
Brands are expected to honor that request promptly. If you’ve opted out and the messages keep coming,
that pattern can strengthen a lawsuit’s claim that the company is knowingly disregarding consumer choices.

3. Keep Evidence If You Think Your Rights Are Violated

If you believe you’re receiving unlawful texts:

• Take screenshots of the messages.
• Note the dates and times they were received.
• Document your DNC registration and any opt-out attempts.

This kind of documentation can be crucial in any legal claim or when talking to a consumer-protection
attorney who handles TCPA class actions.

What Businesses Can Learn from the Michael Kors TCPA Case

The Michael Kors lawsuit is not happening in a vacuum. Retailers, restaurants, gyms, and even land
developers have all been hit with TCPA suits over text marketing. Settlements and judgments in these
cases regularly reach into the millions of dollars. That means every brand using SMS as a marketing channel
has skin in this game.

1. Treat Consent Like Gold

The single best defense in a TCPA text case is solid, well-documented consent. That means:

• Using clear, conspicuous disclosures when people sign up for texts.
• Capturing consent in a way that can be proven later (e.g., time-stamped web forms or double opt-in flows).
• Separating consent for texts from other marketing channels rather than bundling everything into one vague checkbox.

“Implied” consent or “they gave us their phone at checkout” is not a strong shield in the era of TCPA litigation.

2. Scrub Against the DNC List and Honor Internal Do-Not-Call Requests

Brands should be scrubbing customer lists against:

• The National Do Not Call Registry, and
• Their own internal “do-not-contact” list of customers who have opted out.

Even if a customer once consented, a later opt-out must be respected. Failing to honor that is exactly
the kind of fact pattern that makes a case attractive to plaintiffs’ counsel.

3. Don’t Ignore Frequency and Relevance

TCPA is ultimately about respect for consumer privacy. Even when you have consent and DNC compliance,
blasting people with constant promotions can increase complaintsand complaints are often the first step
on the road to a lawsuit. Smart brands:

• Limit the number of texts per week or per month.
• Send targeted, relevant offers, not generic spam.
• Make opt-outs easy and immediate.

4. Monitor Legal Developments and Update Your Policies

With courts rethinking how strictly they must follow FCC guidance and appellate courts weighing in on
whether all texts count as “calls,” staying legally compliant isn’t a one-and-done project. Companies
should work with counsel who follow TCPA developments closely, updating consent language, policies, and
vendor contracts as the landscape shifts.

Potential Consequences for Michael Kors

Because the Michael Kors case is still in its early stages, it’s too soon to say whether it will end in:

• A dismissal
• A class-wide settlement
• A denial or grant of class certification
• A trial judgment

Historically, many TCPA class actions settle before trial due to the enormous statutory damages exposure
and the cost of litigating class issues. Prior cases in the retail and apparel space have resulted in
multimillion-dollar settlements, even where the companies denied wrongdoing but chose to resolve the
matter for business reasons.

Regardless of the outcome, the lawsuit adds to the growing list of TCPA cases targeting major brands
over text marketing practices and reinforces a clear message: the fashion world isn’t exempt from compliance.

How This Case Fits into the Bigger TCPA Texting Trend

Michael Kors is far from alone. In recent years, numerous companiesfrom fashion retailers and beauty brands
to restaurants and fitness clubshave been hit with lawsuits over allegedly unwanted texts, including texts
to DNC-registered numbers, opt-out violations, and campaigns launched without proper consent.

This trend reflects a broader tug-of-war between:

• Consumers who want convenient communication but also want control over when brands
  invade their phones; and
• Businesses that love the high engagement rates of SMS marketing but sometimes fail
  to appreciate the legal guardrails around it.

As the law continues to evolve and plaintiffs’ attorneys keep a close eye on text campaigns, brands who
treat compliance as a core part of their marketing strategynot a box to check laterare much less likely
to find themselves in Michael Kors’ current position.

Real-World Experiences and Lessons from TCPA Text Cases

To really understand what’s at stake in a case like Michael Kors Hit with TCPA Class Action Over DNC Texts,
it helps to look at the kinds of experiences consumers and companies have had in similar situations.
While every case is different, there’s a familiar pattern to how these stories unfold.

From the Consumer’s Side: “It Started with Just One Text…”

For many consumers, the journey starts innocently. Maybe they shop at a brand’s store, enter a giveaway,
or casually drop their phone number into an online checkout field. At the time, they’re focused on a
discount or free shippingnot on the fine print under the “Sign Up” button.

Weeks or months later, the messages begin to pile up:

• “FLASH SALE! 40% off handbags today only.”
• “New arrivals just droppedtap to shop.”
• “Final hours! Don’t miss our VIP event.”

At first, a consumer might shrug and ignore them. But if they’re on the National DNC Registryor if they
never knowingly agreed to the textsthe annoyance can quickly turn into frustration, especially when
they:

• Try texting STOP, but still receive messages.
• Realize the texts arrive at inconvenient times (like late at night).
• Discover that multiple brands or related companies are now texting them.

Eventually, some consumers google “unwanted promotional texts” or “DNC text messages from clothing brands”
and realize they may have legal rights under the TCPA. That’s often when they connect with a law firm
or join a class action.

From the Brand’s Side: “We Thought Our Vendor Was Handling That”

On the company side, the story looks very different. Marketing teams see SMS as a high-ROI channel:
open rates can be sky-high, and campaigns can be launched in minutes. It’s fast, relatively cheap, and
easy to personalize.

But in many organizations, the people writing the catchy text copy are not the same people who:

• Draft the consent language on web forms,
• Configure the texting platform’s DNC filters, or
• Monitor opt-out logs across multiple systems.

That’s where gaps appear. A brand might assume:

• “Our SMS vendor is TCPA-compliant by default.”
• “If someone gave us their number once, we can text them whenever we want.”
• “The legal team approved this language years ago; we’re fine.”

Meanwhile, data might not sync correctly between CRM systems, the DNC scrubbing schedule might be outdated,
or opt-out requests might be honored in one system but not another. From the outside, consumers just see
a brand that won’t stop texting. From the inside, the company often doesn’t realize the severity of the
problem until a demand letter, regulator inquiry, or class action complaint lands on the general counsel’s desk.

The “Oh No” Moment: Discovering the Scale

One of the most painful experiences for a company facing a TCPA suit is realizing how many messages
might be implicated. What feels like “a few campaigns” can, once logs are pulled, translate into:

• Hundreds of thousands of texts overall, and
• Tens of thousands of texts sent to people whose numbers were on the DNC list or who never gave
  valid consent.

Multiply that by $500–$1,500 per text in potential statutory damages, and the exposure becomes enormous.
Even if a company believes the suit is meritless, the combination of risk and litigation cost often pushes
them toward settlement discussions.

Turning a Lawsuit into a Turning Point

The silver lining? Many companies treat a TCPA lawsuit as a turning point. Post-complaint, brands often:

• Completely overhaul consent flows and disclosures.
• Centralize and tighten control over texting platforms and vendor contracts.
• Invest in regular audits of DNC compliance and opt-out processes.
• Train marketing, customer service, and IT teams on TCPA basics.

For Michael Kors, this class actionhowever it resolvesmay prompt similar changes, not only to reduce
future legal risk but also to rebuild trust with consumers who are tired of feeling like their phones
are open season for marketing.

For other brands watching from the sidelines, the experience of companies like Michael Kors is a valuable
warning shot. SMS can absolutely be part of a modern, stylish marketing strategybut only if the legal
stitching is as precise as the branding. If you treat consent and DNC compliance as afterthoughts,
you may find your next big “customer engagement campaign” headlining a class action complaint instead.

Bottom Line

The class action accusing Michael Kors of sending DNC-violating promotional texts is part of a larger
wave of TCPA litigation reshaping how brands approach mobile marketing. For consumers, the message is
empowering: you have rights when it comes to who can contact you and how. For businesses, the takeaway
is crystal clear: if you’re going to text, do it the right waywith rock-solid consent, careful DNC
compliance, and a deep respect for the small but powerful device in your customers’ hands.