We reached out to Chief Marketing Officer Blake Mallen for a reponse, however we did not get an answer.
ViSalus lead counsel John O’Neal said in an email that the company believes the class failed to prove essential elements of its claim, noting that jurors said on their verdict sheet that they could not delineate between calls made to residential landlines and those made to cellphones.
O’Neal said that jury finding will be at the heart of ViSalus’ post-trial briefs challenging the verdict and urging the judge not to award any damages.
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.
About Visalus (VI)
Vi is a global healthy lifestyle company founded in 2005 and most known for innovating the wildly successful Body by Vi Challenge, the world’s first Challenge marketing platform. We created it. We live it. And we do it best.
By providing simple products, platforms and support, we help everybody, and every body, transform themselves … 90 days at a time. Fore more information please visit www.vi.com
Get more information, fact and figures about ViSalus, click here for the ViSalus overview.