ViSalus Seeks 9th Circ. Reprieve From $925M TCPA Verdict

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By Jasmin Jackson (October 26, 2021, 7:06 PM EDT) — Health supplement maker ViSalus has asked the Ninth Circuit to lift a $925 million “death sentence” against it for sending 2 million unsolicited robocalls, arguing that product promoters and customers voluntarily gave their phone numbers.

In an opening brief filed Monday, ViSalus Inc. said that a jury wrongfully “smacked” it with the largest damages award in the history of Telephone Consumer Protection Act violations for contacting consumers who opted in to receive marketing calls. The multilevel-marketing company said the “astronomical award” will push it into bankruptcy over calls that the Federal Communications Commission retroactively gave its “blessing” to in a June…

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