Shamis & Gentile P.A.
Licensed in Florida, New York & Texas
Office Location: 14 N.E. 1st Ave., Ste. 1205, Miami, FL 33132
Did you put items in your cart on a website, start to fill out your information, and later decide not to purchase the items only to receive a “reminder” text afterward?
Businesses may send abandoned cart text messages to consumers if they have a cart full of products on a website that they decided not to purchase. Abandoned cart text messages may remind consumers about the items they left in their cart and encourage them to make the purchase.
Although these text messages may help businesses drive sales, abandoned cart text messages may violate federal law if consumers have not provided prior express written consent.
If you received abandoned cart text messages from online retailers without your consent, you may qualify to join an abandoned cart text message class action lawsuit investigation.
See if you qualify by filling out the free form on this page.
Overview: Abandoned Cart Text Messages
With the growth of online commerce, many retailers are paying closer attention to “cart abandonment,” which occurs when consumers begin to make a purchase but later choose not to. On average, cart abandonment rates reportedly average around 70 percent, exceeding the rate of completed purchases for certain sellers.
In order to encourage their customers to complete purchases, some companies send out abandoned cart text messages. With these text messages, retailers are reportedly able to increase their sales.
Although online retailers see the benefits of these text messages, they may be in violation of federal telephone laws including the Telephone Consumer Protection Act.
Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) is a federal law that prohibits companies from contacting consumers with unsolicited telemarketing communications. This includes calls, text messages, and even faxes.
In order to send consumers a text message, businesses are required to obtain prior express consent. A pre-existing business relationship is not enough to justify these text messages, even if consumers have provided their contact information.
If businesses do not have prior express consent, they must adhere to the following requirements:
- Do not contact a residence before 8 am or after 9 pm local time;
- Do not use an autodialed or pre-recorded communication to contact consumers;
- Provide an interactive opt-out mechanism so consumers can withdraw consent;
- Maintain a Do Not Call list of consumers who don’t want to be contacted and honor those requests for 5 years.
Join an Abandoned Cart Text Message Class Action Lawsuit Investigation
Businesses who sent abandoned cart text messages to consumers may have violated TCPA if they did not get consent before sending texts. This may give consumers legal standing to take legal action against companies who send unsolicited text messages.
A TCPA lawsuit or class action lawsuit may be able to recover thousands of dollars in compensation. Under TCPA rules, consumers can collect up to $500 for negligent violations and up to $1,500 for willful violations. This can result in significant compensation to consumers affected by the issue.
If you received abandoned cart text messages from online retailers without giving the company your consent, you may qualify to join an abandoned cart text message class action lawsuit investigation.
Fill out the form on this page for a FREE case evaluation.
Get Help – It’s Free
Join a Free Abandoned Cart Text Message Class Action Lawsuit Investigation
If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.
PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.
E-mail any problems with this form to:
After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you.
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