Federal judge in Oregon upholds record $925 million damages verdict

  • +4
    Slim
    Federal judge in Oregon upholds record $925 million damages verdict in unlawful recorded robocall case

    A federal judge has upheld a record $925 million in damages awarded in a class-action case against a Michigan-based marketing company that a jury in Portland found had engaged in unlawful telemarketing.

    ViSalus Inc. placed nearly 2 million recorded robocalls to potential customers across the country offering deals on weight-loss products, dietary supplements and energy drinks.

    Read more, at:

    https://www.oregonlive.com/business/2020/08/f ... ocall-case.html
  • +3
    CelticDragon
    | 3 replies
    Bankruptcy anyone?
  • -2
    jo
    Oh no. They just wont bother to pay. FCC wont bother to collect...
  • +3
    BigA
    | 1 reply
    The case is Wakefield v. Visalus, Inc. U.S. District Court
    District of Oregon (Portland (3))
    CIVIL DOCKET FOR CASE #: 3:15-cv-01857-SI  The actual order has not been posted on Pacer as of today.  I have no doubt it will be appealed as an "excessive" amount.
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  • +2
    GregAtTheBeach replies to CelticDragon
    | 2 replies
    Yup.  Shift the ill-gotten gain into offshore accounts, declare bankruptcy and pay no fines, and re-open the company under a different name, in six months.

    It's the 'Murican way!
  • -1
    carlb replies to BigA
    BigA, you have no doubt it will be appealed as an excessive amount?

    First line of the newspaper article, "A federal judge has upheld a record $925 million in damages..."

    The word "upheld" in this context means that a lower court already issued these damages; they appealed, they (quite bluntly) lost the appeal. The appeal judge is "upholding" the original jury award. That means they lost the case not once but twice; in the original trial and once again on appeal.
  • 0
    William Newton replies to GregAtTheBeach
    | 1 reply
    All bank accounts and assets should have been disclosed in disclosure proceedings prior to the trial. If so, the trial judge should have ordered the immediate freezing of all assets - primarily to block the action you propose. The company should also have been prohibited from selling significant physical assets.
  • 0
    BigA replies to William Newton
    There are 378 entries in the case.  I see none that request that the Judge order freezing of assets.  I am also not 100% that would be legally allowable in this type of case.

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