Did You Receive a Coupon via Text by Shein Fashion Group?

Have you received coupons via text from Shein Fashion Group? According to consumer reports, the clothing company may be violating the Telephone Consumer Protection Act by sending intrusive texts to people who have not signed up to receive promotional offers.

Why is Shein Fashion Group Sending Text Coupons?

Companies may send unsolicited text coupons and advertisements in the hopes of enticing potential customers to make a purchase. In addition to notifying consumers of flash sales and free shipping, Shein Fashion Group’s text messages have also reportedly included promo codes for special pricing.

Shein is a fashion retailer that operates mainly as an e-commerce store, with occasional pop-up brick and mortar shops. The company sells low-priced clothing for women, men, children, and pets.

What TCPA Text Coupon Lawsuits Have Been Filed Against Shein Fashion?

According to a class action lawsuit filed against Shein Fashion Group, the company is using text message coupons to advertise its clothing lines. Plaintiff Simmone D. filed her lawsuit in December after she claims she was contacted by Shein Fashion without her consent.

Simmone says she received multiple unsolicited advertising text messages from Shein Fashion in late November. The messages purportedly contained information about the Shein Black Friday Sale, a Flash Sale, and a Cyber Monday Sale.

Simmone also claims that Shein sent her coupons via text for 15% off and free shipping on select items. Simmone claims that these intrusive messages wasted her time, took up memory on her phone, and depleted her phone’s battery. According to her lawsuit, she never gave the company consent to send her marketing text messages.

Due to the generic and impersonal nature of the messages she received, Simmone believes that Shein sent the texts using an auto-dialing system. Auto-dialing systems work by contacting consumers without human intervention, which allows companies to send pre-written mass texts to hundreds or thousands of potential customers at once.

Simmone is seeking class action status for her lawsuit to include other consumers who have been contacted by the fast-fashion company. According to consumer privacy protection laws such as the Telephone Consumer Protection Act, it is illegal for companies to use these programs to contact consumers unless they have given their prior express consent to be contacted.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a law introduced back in 1991 to curb the rising tide of unwanted solicitation using technology. Nearly three decades later, the TCPA has been adapted to address new technologies and new telemarketing techniques, covering things from robocalls to spam text messages and coupons.

Are Coupons via Text Illegal?

While it is not illegal for businesses to send text messages to customers who have opted-in to receiving advertising, it is a violation of the TCPA to send these messages to consumers who do not have a business relationship with the company and have not given consent to be contacted. Even consumers who have given consent to be contacted still have legal rights regarding coupons under the TCPA.

According to consumer privacy law, consumers must be able to revoke consent to be contacted at any time. Additionally, businesses are not allowed to contact consumers after 9 p.m. or before 8 a.m., and are generally prohibited from using pre-recorded voice messages or pre-written texts.  Consumers who have registered their phone numbers with the National Do-Not-Call Registry may not be contacted. It is free to sign up for this registry, and once your number is on the list, registration never expires.

It is important to note that signing up for the Do-Not-Call Registry may not prevent all spam calls and texts. Although many legitimate companies will abide by the regulations set in place by the TCPA and refrain from contacting consumers registered with the Do-Not-Call list, many scam callers or texters disregard it. It can be difficult to hold these people accountable for TCPA violations, because they often use technology that disguises their real number, location, and identity.

Moreover, the Federal Trade Commission receive hundreds of thousands of reports of unwanted calls and texts every month, totaling 5,422,298 Do Not Call complaints in Fiscal Year 2019 alone, 71 percent of which were specifically about robocalls. It is impossible for the FTC to respond to each of these complaints individually. However, reporting TCPA violations helps the FTC and Federal Communications Commission (FCC) spot data trends and better address the robocall problem with both litigation and technology.

What are the TCPA Regulations on Text Coupons?

According to the TCPA, only consumers who have voluntarily signed up to receive text message coupons may receive this type of advertising. Otherwise, these messages may constitute a violation of the privacy law. Consumers who have had their TCPA rights violated may be able to pursue compensation between $500 and $1,500 for each offending text or call.

What is Shein Fashion Group?

Shein is a fast-growing online retailer that is owned by Shenzhen Globalegrow E-Commerce Co. Ltd. in China.

Shein sells very cheaply made clothing that is known as fast fashion because it’s quickly produced and often is worn only a few times before it begins to fall apart. Seams may be non-existent, zippers may not work and sizes are inconsistent, according to consumers who have ordered clothing from the online retailer.

The disposability of its clothing increases the amount of pollution caused by the fashion industry, which is already called the second most polluting industry in the world where it can take 700 gallons of water to manufacture just one cotton shirt.

Shein has been criticized for not being transparent about its manufacturing processes or its production rooms. The company says on its website that it follows child labor laws in every country where it employs laborers, but in countries such as Bangladesh, children as young as 14 are allowed to work. At least one report indicates more than 17% of boys in Bangladesh who are employed are between the ages of 7 and 14.

Despite being located in China with factories in Bangladesh, Shein is required to follow TCPA guidelines when calling, texting or faxing anyone in the U.S. According to TCPA law, the location of the brand or company is not relevant because the impact on the recipient who must answer the electronic communication is the deciding factor whether any laws were broken.

Can You File a Shein Fashion Text Coupon Lawsuit?

If you have received unsolicited advertising text coupons from Shein Fashion Group, you may be eligible to speak with an experienced attorney about your legal options. Some victims of Shein TCPA violations may be able to join or file a class action lawsuit and pursue compensation. Indeed, when one person receives a spam text coupon from a company, it is likely that many, many other consumers have received coupons as well, setting you up for a class action.

Some coupon text class action lawsuits have ended in a dollar settlement agreements, such as a 2012 $16 million Papa John’s settlement and a 2016 $10 million Abercrombie & Fitch settlement.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney.

Simmone’s Shein Fashion Text Message Lawsuit is Case No: 1:19-cv-24953-KMM, filed in the U.S. District Court for the Southern District of Florida.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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This article is not legal advice. It is presented 
for informational purposes only.