PAGE 1 – JUDGMENT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

LORI WAKEFIELD, individually and on 

behalf of a class of others similarly situated,

Plaintiffs,

v.

VISALUS, INC.,

Defendant.

Case No. 3:15-cv-1857-SI

JUDGMENT

Michael H. Simon, District Judge.

Based on the Special Verdict of the jury (ECF 282), the Court hereby enters Judgment in 

favor of the Certified Class, defined as follows:

All individuals in the United States who received a telephone call 

made by or on behalf of ViSalus: (1) promoting ViSalus’s products 

or services; (2) where such call featured an artificial or prerecorded 

voice; and (3) where neither ViSalus nor its agents had any current 

record of prior express written consent to place such call at the 

time such call was made.

ECF 81; ECF 69 at 2. The following people are excluded from the Certified Class: (1) any 

United States Judge or Magistrate Judge presiding over this action and members of their 

families; (2) Defendant, Defendant’s subsidiaries, parents, successors, predecessors, and any 

entity in which the Defendant or its parents have a controlling interest and its current or former 

employees, officers, and directors; (3) persons whose claims in this matter have been finally 

adjudicated on the merits or otherwise released; (4) persons who properly executed and filed a 

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timely request for exclusion from the Certified Class; (5) Plaintiff’s counsel and Defendant’s 

counsel; and (6) the legal representatives, successors, and assigns of any such excluded persons.

The dissemination of Class Notice (ECF 106): (a) constituted the best practicable notice 

to Class Members; (b) constituted notice that was reasonably calculated to apprise Class 

Members of the pendency of the Action, their right to exclude themselves, and the binding effect 

of the Judgment; and (c) met all applicable requirements of law, including the Federal Rules of 

Civil Procedure, the United States Constitution, and the Rules of this Court.

Consistent with Special Verdict of the Jury (ECF 282), (a) the Certified Class shall 

recover from Defendant ViSalus, Inc. (“ViSalus”) $500 per call made in violation of the 

Telephone Consumer Protection Act, 47 U.S.C. § 227, for an aggregate amount not to exceed 

$925,218,000; and (b) Plaintiff Lori Wakefield, for her individual claim, shall recover from 

ViSalus the amount of $2,000. Pursuant to 28 U.S.C. § 1961(a), Plaintiff and the Certified Class 

shall recover from ViSalus post-judgment simple interest payable at the statutory rate of 0.13 

percent per year commencing as of the date of this Judgment. Any motion for attorneys’ fees, 

expenses, costs, or incentive awards shall be filed not later than 14 days after entry of this 

Judgment. Notice of the motion shall be directed to Class Members pursuant to Fed. R. Civ. 

P. 23(h)(1), and any Class Member may object to the motion pursuant to Fed. R. Civ. 

P. 23(h)(2). Plaintiff shall file a motion for a proposed notice plan in accordance with Fed. R. 

Civ. P. 23(h)(2) within 28 days of the entry of this Judgment.

IT IS SO ORDERED.

DATED this 27th day of August, 2020.

/s/ Michael H. Simon

Michael H. Simon

United States District Judge

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