9th Circuit remands case with $925M in statutory damages

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 12, 2022 11:17 AM

At $500 a pop, the minimum award for each prerecorded call from ViSalus Inc. that violated the Telephone Consumer Protection Act added up to a class action judgment of $925 million.On appeal, the 9th U.S. Circuit Court of Appeals became the latest court to grapple with the constitutionality of statutory damages where “the prescribed per-violation award is constitutionally sound” but the aggregate award “is unusually high.”Concluding that “aggregated statutory damages awards are, in certain extreme circumstances, subject to …

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