TCPAWorld After Dark: Visalus Argument Goes About as We’ll AS AEXPECTED

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I’m on an airplane.

Law360 reported today that the Ninth Circuit Court of Appeals basically begged Visalus lawyers to explain why the approx. Billion dollar judgment against it should be reduced:

“I need you to tell me what the rationale will be.”

Read more at: https://www.law360.com/articles/1492391?copied=1

Yeah, that’s weird. Lawyers usually come prepared with explanations for why appellate courts should do the things they want done.

Then again there was this from one of the judges on the panel:

I think you’ve got a problem in challenging the constitutional theory because you have to be saying the $500 includes a punitive amount. Otherwise, you’re nowhere.”

That sounds cutting and unpleasant- and it probably was intended as such- but it also open the door for an incredibly important ruling5.

What if-just what if- the ninth holds that 500 per violation fails constituional scrutiny????

The door was opened to such a tcpaworld changing ruling. Did visalus’ counsel walk through it?

Not according to the law 360 recap:

“[w]e have to look at the aggregate harm, and what impact that had on this company. This company, privately held, it’s a death knell.”

Brrrrrrp.

Wrong answer.

The czar officially requests he be retained to argue all critical tcpaworld appeals from now on. Sorry not sorry.

When a door opens you have to walk through it.

Anyway i’m rooting for you visalus. A win here could literally change everything.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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  1. Pingback: Visual’s argument goes something like we expected – TCPAWorld – Law Glitz

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