Shoe Carnival class action claims company sends unsolicited promotional texts

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Shoe Carnival unsolicited text messages class action lawsuit overview: 

• Who: Derek Hasty and Daniel Mcelveen filed a class action lawsuit against Shoe Carnival Inc. 
• Why: Hasty and Mcelveen claim Shoe Carnival violated the law by placing unsolicited text messages to consumers without consent and to numbers listed on the National Do Not Call Registry. 
• Where: The class action lawsuit was filed in Florida federal court. 

Shoe Carnival unlawfully places unsolicited text messages without consent, including to numbers listed on the National Do Not Call Registry, a new class action lawsuit alleges. 

Plaintiffs Derek Hasty and Daniel Mcelveen claim Shoe Carnival’s alleged conduct is a violation of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). 

Shoe Carnival class action claims company does not follow TCPA regulations

In addition to allegedly placing texts without consent, Hasty and Mcelveen claim Shoe Carnival engages in telemarketing without “the requisite policies and procedures and training required under the TCPA and its implementing regulations.” 

Hasty and Mcelveen argue telephonic sales calls made by Shoe Carnival have violated consumers’ rights, invaded their privacy and been a nuisance and annoyance. They demand a jury trial and request injunctive and declaratory relief along with statutory damages for themselves and all class members. 

Hasty and Mcelveen want to represent a nationwide class of consumers who have received two or more unsolicited text messages from Shoe Carnival within any 12-month period. Consumers are divided into two classes, depending on whether their numbers are registered on the National Do Not Call Registry. 

Hasty and Mcelveen also want to represent a Florida subclass of consumers who received a telephonic sales call from Shoe Carnival and a nationwide class of consumers who received two or more text messages that did not disclose the sender’s identification information.

Consumers filed a similar class action lawsuit against Subway last month over claims the restaurant violated the TCPA and FTSA by placing unsolicited advertising text messages, including to numbers on the National Do Not Call Registry. 

If you received text messages from a company after replying “STOP”, “NO”, “END” or “CANCEL” or a similar message, you may be able to take legal action against the company for failing to comply with federal regulations.

Have you received an unsolicited text message or call from Shoe Carnival? Let us know in the comments. 

The plaintiffs are represented by Manuel S. Hiraldo of Hiraldo P.A., Jibrael S. Hindi of The Law Offices of Jibrael S. Hindi and Rachel N. Dapeer of Dapeer Law PA. 

The Shoe Carnival unsolicited text messages class action lawsuit is Hasty, et al. v. Shoe Carnival Inc., Case No. 8:22-cv-01263, in the U.S. District Court for the Middle District of Florida.

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