April 15, 2019

Jury decides in favor of TCPA plaintiffs’ class

The plaintiffs in a class action suit against ViSalus, Inc. prevailed in a jury trial in the United States District Court for the District of Oregon.  The complaint, filed in 2015, alleged violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.  The TCPA prohibits  telemarketing calls to mobile telephone numbers and residential landlines if they use an artificial or prerecorded voice to deliver a message without the prior express written consent of the recipient. The jury concluded that ViSalus, a Los Angeles-based company that markets weight management products, dietary supplements and energy drinks, had made or initiated 1,850,436 such telemarketing calls.  

The Court is expected to address the amount of damages after a period of post-trial briefing.  In a private action brought pursuant to the TCPA , plaintiffs are entitled to recover either the actual monetary losses arising out of the violations, or up to $500 per violation, whichever is greater.  And if a determination is made that the defendant willfully or knowingly violated the statute, those damages may be tripled.

Special Verdict |