I’ll give ViSalus and its lawyers credit–they keep fighting.
As TCPAWorld.com readers are well aware by now, a jury found ViSalus made nearly 2mm illegal calls and the Court entered judgment against ViSalus for nearly a billion dollars last year.
This is so although ViSalus actually obtained a waiver from the FCC for at least some of the calls at issue.
In its latest bid to escape the massive TCPA judgment ViSalus filed a “let’s see what sticks” motion for a new trial hurling a laundry list of purported issues with the underlying proceedings at the court. Well yesterday the Court rejected that motion–finding that it had already ruled on every issue raised by it– and refused to afford a new trial in Wakefield v. Visalus, Inc., Case No. 3:15-cv-1857-SI, 2021 U.S. Dist. LEXIS 28507 (D. Or. February 16, 2021)(Wakefield XV).
As Wakefield XV doesn’t really address any new issues its not interesting from a substantive perspective, but the ongoing TCPA legal woes of this multi-level marketer continue to serve as a cautionary tale for all those that would leverage pre-recorded calls for marketing purposes.
Hang in there TCPAWorld.