FCC Targets Illegal Robocalls With Provider Removals and New Scorecard Proposal
Case Snapshot
- Plaintiff: Andrea Velazquez
- Defendant: Telescents Inc., doing business as FragranceNet
- Court: U.S. District Court for the Central District of California
- Filed: August 11, 2026
- Law: Telephone Consumer Protection Act
- Key Allegations: Unsolicited telemarketing texts, National Do-Not-Call Registry violations, quiet-hours messages, and lack of adequate opt-out instructions
- Relief Sought: Injunctive relief, statutory damages, treble damages for alleged willful or knowing violations, and costs
FragranceNet is facing a proposed class action lawsuit alleging that the company sent unsolicited marketing text messages to consumers whose phone numbers were registered on the National Do-Not-Call Registry.
Plaintiff Andrea Velazquez filed the complaint against Telescents Inc., doing business as FragranceNet, on August 11 in California federal court. The lawsuit alleges violations of the Telephone Consumer Protection Act (TCPA) and related Federal Communications Commission regulations.
Velazquez claims FragranceNet sent repeated promotional text messages without the prior express invitation or permission required under applicable telemarketing rules.
Plaintiff Alleges Repeated Marketing Messages
According to the complaint, Velazquez received several text messages from FragranceNet in May 2026 promoting the company’s products or services, which she alleges violated FCC restrictions on telephone solicitations made before 8 a.m. or after 9 p.m. local time.
The complaint also alleges that the messages did not provide instructions explaining how recipients could opt out of future communications.
Velazquez says her telephone number has been listed on the National Do-Not-Call Registry since January 2016 and had remained on the Registry for well over the 30-day period referenced in the complaint before she allegedly received the challenged texts.
Consent and Business Relationship at Issue
The lawsuit also focuses on whether FragranceNet had permission to send the messages.
Velazquez alleges that she never gave the company prior express invitation or permission to send telemarketing or solicitation texts to her phone number.
She further claims that FragranceNet did not have a signed written agreement that would satisfy applicable FCC requirements for prior express permission.
The complaint also alleges that Velazquez had no established business relationship with FragranceNet at the time the messages were sent.
These allegations form part of her broader claim that the marketing communications violated the TCPA and related federal regulations.
Do-Not-Call Allegations Form Separate Basis for Claims
The lawsuit alleges that FragranceNet sent more than one telemarketing text message within a 12-month period to telephone numbers that had been listed on the National Do-Not-Call Registry for at least 30 days.
Velazquez is seeking to represent a proposed subclass of consumers who allegedly received repeated telemarketing texts under those circumstances.
The complaint therefore raises both consent-related allegations and claims involving protections associated with the federal Do-Not-Call Registry.
Proposed Class Also Covers Quiet-Hour Messages
Velazquez proposes to represent a broader class consisting of individuals who received more than one telemarketing text from FragranceNet within a 12-month period during the four years preceding the filing of the lawsuit.
For membership in that proposed class, at least one of the challenged messages would have been sent before 8 a.m. or after 9 p.m.
The allegations place the timing of marketing communications alongside consent and Registry status as central issues in the case.
Damages and Injunctive Relief Sought
Velazquez is seeking statutory damages under the TCPA and treble damages for any violations ultimately found to have been willful or knowing.
She is also requesting injunctive relief and recovery of costs.
The complaint represents the plaintiff’s allegations, and the claims have not yet been proven in court. FragranceNet will have an opportunity to respond to the allegations as the litigation proceeds.
Case Moves Forward
The lawsuit adds to continued litigation surrounding marketing text messages, consent, Do-Not-Call protections, and the timing of telemarketing communications.
For businesses using SMS marketing, the case highlights several areas frequently raised in TCPA disputes, including documentation of consent, management of Do-Not-Call requests, opt-out mechanisms, and the timing of outbound communications.
The court will ultimately determine whether the proposed class can be certified and whether FragranceNet’s alleged practices violated the TCPA or applicable FCC regulations.
