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BREAKING TCPA NEWS: ViSalus Court Refuses to Decertify Class- Finds Defendant Waived FCC Protection, in part, Due To Failure to Seek Stay

Here’s big news.

Those of you that follow know all about the big Wakefield v ViSalus verdict and the subsequent effort to decertify the case following the FCC’s grant of a retroactive waiver of it’s express written consent rules in ViSalus’ favor after the jury verdict was entered.  

Well today the court entered it’s Order denying the decertification request, finding, in part, that ViSalus had waived it’s consent defense by failing to move to stay the case pending the outcome of the FCC’s consideration of it’s petition for retroactive relief. Read it here: ViSalus decert.

With this rulings the prospect of a $900mm + judgment in the case appears more likely. Click here for more analysis on TCPA verdict.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume IX, Number 234


About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...