Those of you that follow tcpaworld.com know all about the big Wakefield v ViSalus verdict and the subsequent effort to decertify the case following the FCC’s grant of a retroactive waiver of it’s express written consent rules in ViSalus’ favor after the jury verdict was entered. See: https://tcpaworld.com/2019/06/17/game-changer-in-big-visalus-tcpa-trialdid-an-fcc-ruling-just-undo-the-potential-925mm-tcpa-judgment/ 

 

Well today the court entered it’s order denying the decertification request, finding, in part, that ViSalus had waived it’s consent defense by failing to move to stay the case pending the outcome of the FCC’s consideration of it’s petition for retroactive relief.

With this rulings the prospect of a $900mm + judgment in the case appears more likely. More analysis to come.