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NO ESCAPE: ViSalus Can’t Shake Loose of $925MM TCPA Judgment In Bid for New Trial

I’ll give ViSalus and its lawyers credit–they keep fighting.

As TCPAWorld.com readers are well aware by now, a jury found ViSalus made nearly 2mm illegal calls and the Court entered judgment against ViSalus for nearly a billion dollars last year.

This is so although ViSalus actually obtained a waiver from the FCC for at least some of the calls at issue. 

In its latest bid to escape the massive TCPA judgment ViSalus filed a “let’s see what sticks” motion for a new trial hurling a laundry list of purported issues with the underlying proceedings at the court. Well yesterday the Court rejected that motion–finding that it had already ruled on every issue raised by it– and refused to afford a new trial in Wakefield v. Visalus, Inc., Case No. 3:15-cv-1857-SI, 2021 U.S. Dist. LEXIS 28507 (D. Or.  February 16, 2021)(Wakefield XV).

As Wakefield XV doesn’t really address any new issues its not interesting from a substantive perspective, but the ongoing TCPA legal woes of this multi-level marketer continue to serve as a cautionary tale for all those that would leverage pre-recorded calls for marketing purposes.

Hang in there TCPAWorld.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 48
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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...

213-689-6510
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