How We Keep Cart Recovery Outreach Compliant

Abandoned cart compliance is the foundation of everything we do. So here’s how we handle consent, Do Not Call lists, calling hours, recording, email rules, and opt-outs when we contact shoppers on your behalf.

Live, hand-dialed calls only

The Telephone Consumer Protection Act (TCPA) and the FCC’s rules at 47 CFR 64.1200 set strict limits on marketing calls and texts. For example, marketing calls to cell phones that use an autodialer or a prerecorded or artificial voice need prior express written consent. Marketing texts need it too. In 2024, the FCC also confirmed that AI-generated voices count as artificial voices under the TCPA.

So we keep it simple. Real people place every call by hand, one at a time. We use no predictive dialers, no prerecorded voicemail drops, and no AI voices. We only send texts when your store has collected documented SMS consent.

Do Not Call lists and calling hours

Next, we check every number before we call. Under the FTC’s Telemarketing Sales Rule, callers must remove numbers on the National Do Not Call Registry at least every 31 days. In addition, many states keep their own lists, so we scrub against those too.

• We keep a separate internal Do Not Call list for each store, and we share it back with you.
• Federal rules ban telemarketing calls before 8 a.m. or after 9 p.m. in the shopper’s local time.
• Because some states are stricter, we call only from 9 a.m. to 8 p.m. local time, Monday through Saturday.
• We also limit attempts to one or two calls per cart.

Call recording consent

Federal law allows recording when one person on the call agrees, under 18 U.S.C. § 2511. However, several states, such as California, Florida, and Pennsylvania, require every party to agree. So at the start of every call, our reps tell the shopper the call may be recorded. If the shopper objects, we stop recording or end the call.

How we handle shopper data

Above all, you stay in control of your customer data. We act only as your service provider, or processor, under a written data processing agreement. In short, we use shopper data only to contact your shoppers for you.

• Read-only access to your platform’s native abandoned checkout data is all we use.
• Your shoppers are never sold, shared, or mixed with another store’s data.
• Calls only ever go out on behalf of your brand, never a different one.
• Shopper data gets deleted after the outreach window closes, or sooner if you ask.

Abandoned cart compliance checklist for merchants

Of course, your checkout plays a big part, too. Before launch, we review it with you and suggest language for your attorney to check. Here is what we look for:

1. First, a separate, unchecked consent box next to the phone field. It should name your store “and service providers acting on its behalf,” and say consent isn’t a condition of purchase.
2. Next, a note near the email field that you may email shoppers about their cart.
3. Then a privacy policy paragraph that explains cart follow-up and recorded calls.
4. Finally, records of each consent, including the time, the exact wording, and the phone number.

For a broader view of how compliance fits into recovery, see our complete guide to abandoned cart recovery. You can also read How It Works to see where the consent check sits in our process.