Touch of Modern, the online curated retailer now operating as TOMO Services LLC, has been party to a range of lawsuits since its 2012 launch, including a Fab.com trademark and trade dress suit, a Florida Telephone Solicitation Act class action over unsolicited marketing texts, debt collection and contract disputes in California courts, and a product liability case in Los Angeles. It has also drawn a steady stream of consumer complaints alleging paid-for orders that never ship.
FTSA Class Action Over Marketing Texts
The most recent consumer class action against Touch of Modern was filed in California by plaintiff Ethan Levine, who alleged the company violated the Florida Telephone Solicitation Act. According to the complaint, Levine received a promotional text on November 12, 2022 that read, “Touch of Modern: Today Only – Get 15% Off Any 2 Items, 20% Off 3 Items or more!” along with a shopping link, and he had never given express written consent to receive it.1TCPA World. Touch of Modern LLC Faces FTSA Class Action
The complaint alleged Touch of Modern used automated dialing equipment with features comparable to a predictive dialer, selecting and dialing numbers without manual input. The proposed class covers Florida residents who received similar automated sales messages from the company since July 1, 2021. The FTSA sets a minimum statutory penalty of $500 per violation and allows recovery of attorneys’ fees, so aggregate exposure depends on the number of messages sent.1TCPA World. Touch of Modern LLC Faces FTSA Class Action
Fab.com Trademark and Trade Dress Suit
The company’s first significant legal fight came almost immediately after launch. In August 2012, Fab.com sued Touch of Modern for trademark infringement, trade dress infringement, and copyright infringement, alleging the newer site had copied key design elements of Fab’s platform.2TechCrunch. Fab Lawsuit Resolved, TouchOfModern Raises $3M Series A and Looks Toward Asia
The two sides settled out of court in March 2013. Co-founder Dennis Liu said the resolution had “no material impact to the business” and declined to disclose terms.2TechCrunch. Fab Lawsuit Resolved, TouchOfModern Raises $3M Series A and Looks Toward Asia
Debt Collection and Contract Disputes
Several commercial cases have moved through California courts. In July 2020, Creditors Adjustment Bureau, Inc. filed a debt collection action against Touchofmodern, Inc. in San Francisco County Superior Court, with court records also listing Whitehawk and Whitehawk Ventures Inc. as defendant business names. A default judgment entered in January 2021 was set aside that May, with the judge citing the preference for resolving cases on the merits. The parties settled, and the case was dismissed with prejudice in August 2021.3UniCourt. Creditors Adjustment Bureau, Inc. v. Touchofmodern, Inc. et al.
Touch of Modern has also been the plaintiff. In December 2017 it sued Paul Ryan Associates in San Francisco County Superior Court in a contract dispute that settled and was dismissed in November 2018. More recently, The Swatch Group (U.S.) Inc. filed a contract-related lawsuit against the company in the same court in June 2023.4UniCourt. Touchofmodern, Inc. v. Paul Ryan Associates et al.
Product Liability Case
In December 2020, Glynis Cynthia Bogda and others sued TouchofModern, Inc. in Los Angeles County Superior Court on product liability claims. Court records show the case was dismissed with prejudice in June 2025. The docket also references a related San Diego Superior Court action, Laura King et al. v. Seera Creative LLC et al., though available records do not fully spell out the link.5UniCourt. Glynis Cynthia Bogda et al. vs. TouchofModern, Inc. et al.
Consumer Complaints About Unshipped Orders
Alongside the docketed cases sits a large body of consumer complaints. The Better Business Bureau lists Touch of Modern as unaccredited with an F rating, citing the company’s failure to respond to complaints.6BBB. Touch of Modern BBB Business Profile On ConsumerAffairs, the company holds a 1.0-star rating across 226 reviews, with 96 percent of reviewers giving the lowest score.7ConsumerAffairs. Touch of Modern Reviews
A recurring allegation across 2024 reviews is that Touch of Modern charges customers immediately but never ships, with orders left indefinitely at a “shipping label created” status because the underlying vendor was never paid. Some reviewers reported that their purchase history or account access disappeared after they raised consumer protection agencies. Others said they pursued credit card chargebacks and filed complaints with the BBB and state attorneys general to try to recover their money.7ConsumerAffairs. Touch of Modern Reviews These are unverified consumer accounts rather than court findings, but their consistency across years points to persistent fulfillment problems.
If you are in that situation, disputing the charge with your card issuer, filing a complaint with your state attorney general, and preserving order confirmations and shipping-status screenshots are the steps other customers have described taking.