9th Circ. Hunts For Rationale To Cut $925M ViSalus TCPA Loss

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By Craig Clough (May 12, 2022, 7:29 PM EDT) — A Ninth Circuit panel appeared open Wednesday to slashing a jury’s $925 million Telephone Consumer Protection Act verdict against health supplement maker ViSalus but was unsatisfied with the company’s argument for doing so, with one judge saying, “I need you to tell me what the rationale will be.”

A lower court judge held that the verdict was statutorily bound by basic arithmetic due to 1.8 million violating calls and a congressionally mandated $500 minimum per call, but ViSalus asked the panel during an in-person hearing to cut the award, calling it “disproportionate” and unconstitutional.

Panel members said there is no precedent…

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