Facts

Plaintiff Lori Wakefield filed suit against Visalus Inc. in relation to the Telephone Consumer Protection Act.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant made prerecorded telemarketing calls to the class members without their consent, in violation of the Telephone Consumer Protection Act.

DEFENDANT'S CONTENTIONS: Defendant contended that it did not violate the Telephone Consumer Protection Act because the calls it made were not telemarketing calls, that messages were not played during calls, and that calls were placed to business telephone numbers. Defendant also contended that plaintiff failed to submit sufficient evidence to prove her case.

Result

The jury returned answers on special verdict forms stating that 1,850,440 calls were made in violation of the TCPA, but stated that the jury was unable to determine how many of those calls were made to cellular vs. residential numbers. Each violation calls for a $500 penalty, bringing the damages to just over $925 million for a class consisting of about 800,000 people.

Other Information

According to plaintiff, the verdict amounts to $925,220,000 in damages.