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 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.

Pricing varies depending on the merchant’s industry, past credit card processing history, the type of business seeking the account, average ticket sales, and average transaction volumes.

Yes, EMB works with merchants who are building their credit, as well as those who have poor credit. EMB also approves merchants that have no credit card processing history and businesses that have lost their merchant accounts due to high chargebacks.

Several factors influence a merchant’s risk level. Though only one factor likely will not get a merchant classified as high risk, a combination of these may: business size, location, and industry, credit score, credit card processing history, a industry’s reputation for excessive chargebacks, a prior history of high chargeback ratios, and whether a merchant exclusively sells online.

Virtual terminals are stationed on a merchant’s website, making it easy for customers to make a payment or purchase online. Merchants or a payment processor can easily set up virtual terminals, so online businesses can accept credit and debit card and e-check transactions.

A merchant account is a business account with an acquiring bank. Without this business account, which actually works more like a line of credit, a merchant cannot accept and process credit and debit card transactions. Businesses need a merchant account to accept major credit cards via a static point-of-sale terminal, mobile card reader, or through a virtual payment gateway.

After filling out EMB’s simple online application and submitting any necessary, requested documents, many merchants get approved within 24 and 48 hours.

EMB specializes in working with high-risk merchants. EMB works with many merchants, including but not limited to businesses in these industries: gambling and gaming, adult entertainment, nutraceuticals, vaping and e-cigarettes, electronics, tech support, travel, high-end furniture, weight loss programs, calling cards, e-books and software, and telecommunications.

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