Victoria’s Secret Lawsuit Claims Violation of TCPA | Debt Collection Merchant Account

Feb 19, 2016

Victoria’s Secret, one of the world’s most successful lingerie retailers, is facing a class action lawsuit for violating the Telephone Consumer Protection Act. The lawsuit claims that the retailer sent one customer 97 text messages in a single month. Lead plaintiff Michael Hannegan, claims he signed up for “members-only” text alerts last May. The terms of agreement stated that members wouldn’t receive more than six texts per month. But Hannegan states he received almost 100 generic advertisements text messages from Victoria’s Secret in November. The lawsuit claims the barrage of texts were an invasion of privacy and a violation of the TCPA.

The Plaintiff’s lawyers state that because the initial opt-in message stated that there would be no more than six text-messages per month, any additional messages were a violation of the Telephone Consumer Protection Act. If approved, the class action lawsuit could apply to any U.S. Members that were sent over six text messages in one month. The class action lawsuit is seeking $500 per violation for every Class Member, along with a requirement that Victoria’s Secret cease “all wireless spam activities.”

Victoria’s Secret is not the only company facing a TCPA class action lawsuit. Abercrombie & Fitch and its subsidiaries paid out $10 million to settle a TCPA class action lawsuit that alleged they sent text messages without their consent. Lead plaintiff Anamaria Chimeno-Buzzi, alleged she received 18 unsolicited text messages over the course of two months to advertise upcoming sales.

Last year, Lord & Taylor fought a lawsuit alleging the retailer sent almost 10,000 customers unsolicited text spam about sales. Plaintiff Michael Galpern claimed that he declined to sign up for any type of text alert, yet he still received unwanted text messages from the retailer.

New technologies give merchants the opportunity to connect to customers and bring them offers to increase sales. However, technologies can be abused by both merchants and customers. If you are a debt collection agency or any other type of agency in need of experienced payment processing, turn to eMerchantBroker.com for help. EMB is the preferred processor for Industry Leading Collections Software and Collections. Call now to start a debt collection merchant account.

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Having a merchant account allows an account holder to take advantage of merchant cash advances. When a merchant is approved for an advance, the business agrees to receive a lump sum of cash in exchange for an agreed-upon percentage of future credit card sales.

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