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“ViSalus Can’t Get $925M Robocall Damages Award Cut Down.” Law360.

“ViSalus Can’t Get $925M Robocall Damages Award Cut Down.” Law360.

August 14, 2020

An Oregon federal judge on Friday refused to reduce a $925 million statutory damages award that health supplement marketer ViSalus is facing after a jury found it blasted consumers with nearly 2 million unsolicited robocalls, rejecting the company's argument that the penalty was unconstitutionally excessive. Noting that the Ninth Circuit has yet to address the issue of whether the Fifth Amendment's due process clause limits the aggregate statutory damages that can be awarded in a class action under the Telephone Consumer Protection Act, U.S. District Judge Michael Simon concluded that Congress' decision to allow for uncapped damages of at least $500 per violation under the statute was constitutionally valid and that the large aggregate number ViSalus is staring down "comes from simple arithmetic," given that a jury had found last year that the marketer had placed more than 1.8 million illegal calls.  

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