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Lori Wakefield v. ViSalus, Inc.
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November 02, 2022
9th Circ.'s Weariness Of TCPA Award May Quell Big Paydays
The Ninth Circuit handed a "parachute" to companies staring down massive damages awards under the Telephone Consumer Protection Act in ordering a lower court to rethink a $925 million robocall verdict, providing what defense attorneys say is new insulation against quick settlements and large certified classes.
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October 20, 2022
ViSalus' $925M TCPA Loss Must Be Reviewed, 9th Circ. Says
The Ninth Circuit sent a jury's $925 million Telephone Consumer Protection Act verdict against health supplement maker ViSalus back to a lower court for reconsideration Thursday, finding that an Oregon federal judge failed to apply a test for determining if the damages are unconstitutionally excessive.
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May 12, 2022
9th Circ. Hunts For Rationale To Cut $925M ViSalus TCPA Loss
A Ninth Circuit panel appeared open Wednesday to slashing a jury's $925 million Telephone Consumer Protection Act verdict against health supplement maker ViSalus but was unsatisfied with the company's argument for doing so, with one judge saying, "I need you to tell me what the rationale will be."
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January 03, 2022
Consumer Protection Cases & Policy To Watch In 2022
The Federal Trade Commission's response to a recent U.S. Supreme Court decision that curtailed its restitution powers and cases challenging mandatory arbitration clauses will grab the consumer protection spotlight in 2022, along with continuing debates over what conduct is covered by robocall laws and whether a controversial Big Tech liability shield should be scrapped.
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October 26, 2021
ViSalus Seeks 9th Circ. Reprieve From $925M TCPA Verdict
Health supplement maker ViSalus has asked the Ninth Circuit to lift a $925 million "death sentence" against it for sending 2 million unsolicited robocalls, arguing that product promoters and customers voluntarily gave their phone numbers.