Robocalls Lawsuit May Result in $925 Million Payout

An Oregon federal jury came to a decision on April 12, 2019 in a huge class action lawsuit alleging that the health supplement marketer ViSalus’s use of robocalls violated the Telephone Consumer Protection Act (TCPA).

ViSalus Robocalls Lawsuit

ViSalus is a multilevel marketing company that sells a variety of healthy lifestyle products, including dietary supplements and products intended to help with weight loss.

In 2015, plaintiff Lori Wakefield filed her lawsuit against the company and sought class action status. According to Wakefield, ViSalus made automated phone calls to residential and cell phone lines, violating the Telephone Consumer Protection Act.

Wakefield claims that the company made four calls to her phone, and close to 2 million calls to the phones of proposed Class Members. She claims that the company made unsolicited phone calls to her and countless consumers across the nation as part of a marketing campaign for a weight loss shake.

According to evidence presented in Wakefield’s lawsuit, ViSalus made over 8,000 calls per day during this marketing campaign, reaching 60,000 people in nine days. Due to this high volume of calls, Wakefield claims that they had to have been using an automated dialing system, which violates the terms of the TCPA when used without the consent of the recipient.

A jury of eight members came to their multi-million dollar decision in the ViSalus class action lawsuit after a three day trial. Under the jury’s decision, ViSalus may be required to pay up to $925 million in damages.

As the jury does not have the power to officially award damages, this decision is still awaiting a decision from the court. However, if it is confirmed, it may be the largest privacy verdict in history.

About the Telephone Consumer Protection Act

The TCPA was enacted in 1991 in order to protect consumers from being harassed by automated telemarketing phone calls. Under the rules instituted by the TCPA, telemarketers are required to obtain prior express consent from consumers before using automatic dialers to contact them.

Additionally, they are required to give consumers the option to opt out of receiving robocalls or automated texts at any time.

Companies are also required to abide by the National Do Not Call Registry, as well as keeping their own company-specific do not call lists, and may not contact the people on these lists. Additionally, telemarketers are required to adhere to time limits regarding when they are allowed to contact consumers. They are not permitted to make robocalls before 8 a.m. or after 9 p.m. local time.

The TCPA allows penalties of $500 per violation, and up to three times that amount if plaintiffs are able to prove that these violations were willful.

If you have been contacted by telemarketers without your consent, you may be eligible to hire an attorney experienced with TCPA violations and file a robocall class action lawsuit. Victims of harassing automated calls may be able to recoup between $500 and $1,500 for each violation.

It is important that you do not delete your caller ID phone records or text messages, as you may need those as proof that these were TCPA violations.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now

This article is not legal advice. It is presented
for informational purposes only.