JOINT STATEMENT OF AGREED FACTS 

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Scott F. Kocher, OSB#015088

FORUM LAW GROUP

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel: 503.445.2120

Fax: 503.445.2120

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: 415.212.9300

Fax: 415.373.9435

* Admitted pro hac vice

(additional counsel listed on signature page)

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

LORI WAKEFIELD, on behalf of 

themselves and a class of others similarly 

situated,

 Plaintiff,

v.

VISALUS, INC., a Nevada Corporation,

Defendant.

No. 3:15-cv-01857

PLAINTIFF LORI WAKEFIELD 

AND DEFENDANT VISALUS 

INC.’S JOINT STATEMENT OF 

UNDISPUTED MATERIAL FACTS

In accordance with the Court’s Case Management Order dated August 9, 2017 (Dkt. 87),

and pursuant to Local Rule 56-1(a), counsel for Plaintiff Lori Wakefield (“Plaintiff” or 

“Wakefield”) and counsel for Defendant ViSalus, Inc. (“Defendant” or “ViSalus,” and 

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JOINT STATEMENT OF AGREED FACTS 

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collectively, the “Parties”) have conferred and hereby submit the following Joint Statement of 

Agreed Facts.

Both Plaintiff and Defendant believe that several facts exist to which the opposing party

has declined to agree. As such, the Parties will rely on the facts set forth below as well as those 

in their respective dispositive motions (and accompanying papers) to support their positions

therein. 

I. Parties, Venue, and Jurisdiction

1. Plaintiff Lori Wakefield is a citizen of Oregon and a resident of Clackamas 

County. 

2. Defendant ViSalus is a Nevada corporation with a principal place of business in 

Michigan. ViSalus conducts business throughout this District and the United States. 

3. The Court has jurisdiction under 28 U.S.C. § 1331, because the case arises under 

the federal Telephone Consumer Protection Act, 47 U.S.C. § 227. 

4. Venue is proper under 28 U.S.C. § 1391(b) because Defendant conducts 

significant amounts of business transactions within this District and because the wrongful 

conduct giving rise to this case occurred in, was directed to, and/or emanated from this

District. 

II. ViSalus’s Business Model 

5. ViSalus is a multi-level marketing company, also known as direct selling or 

network marketing, that sells weight-loss products and dietary supplements. Such products have 

included at times a variety of “kits”—such as the “Balance Kit,” “Shape-Kit,” “Core Kit,” 

“Transformation Kit,” and “Challenge Kit,” combining different products depending on

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JOINT STATEMENT OF AGREED FACTS 

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customer choice—that customers choose based on what kind of result they’re looking for, from 

losing weight to building muscle. 

6. ViSalus makes money primarily through its “promoters,” independent contractors 

who sell ViSalus products through their own business networks. 

7. ViSalus supports and incentivizes promoters by building value in its products, 

opportunities and company, providing training and workshops, creating collateral marketing 

materials to help promoters sell the products, and offering enticing rewards for the highestranking promoters, such as a $300 additional bonus if the qualifying promoter purchased a 

qualifying BMW.

8. Promoters must enroll with ViSalus, which requires submitting a promoter

application either online (through ViSalus’s website) or in print (and that information is 

manually entered into ViSalus’s computer system). Consumers may purchase products directly 

from ViSalus by submitting a purchase form either through ViSalus’s website or on a print form.

9. Whether submitted online or in print, the promoter applications are identical and 

the process for enrollment has been the same since 2011. 

10. All active ViSalus promoters have access to an online “Vi-Net” account. 

11. ViSalus also maintains an internal online database—the “Exigo” system—which 

keeps live records of the information on individuals’ Vi-Net accounts.

III. ViSalus’s Calling Campaigns

12. In June or July 2012, ViSalus created and employed a team of outbound calling 

agents collectively referred to within the company as “Outbound Support.”

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13. Although the original purpose of Outbound Support was to contact people who 

had attempted to purchase products but whose credit cards were declined, the agents eventually 

began to call customers to inform them of various marketing campaigns.

14. While these campaigns varied in topic, the calls were made for the same general 

purpose: to retain customers and generate revenue for ViSalus. 

15. The Outbound Support team initially dialed telephone numbers manually using an 

Avaya telephone system. However, sometime in or around 2013 or 2014, ViSalus updated its 

Avaya system with a feature called the Proactive Outreach Manager (“POM”), which enabled it 

to place autodialed and agentless calls. ViSalus stopped conducting manually dialed campaigns 

once it had POM.

16. In 2013, ViSalus began downsizing the company, reducing its overall number of 

employees.

17. ViSalus placed calls through POM using a systematic two-step process: first, 

ViSalus created a contact list for the campaign, utilizing information from the Exigo system such 

as whether a customer had become “inactive;” then, an Outbound Support agent uploaded the 

contact list to POM and assigned it to run with the appropriate campaign. 

18. Once the contact list was uploaded to POM, the Outbound Support team could 

begin placing calls with the click of a button. Ex. A, Composite of POM Instructions (explaining 

that once you “[c]lick on the play button” all the caller would have to do is “verify Campaign in 

running”). 

19. With POM, ViSalus used two campaign strategies: “Press One” calls (where a 

prerecorded or artificial voice instructed customers to “press [1] to be connected to a live person 

now”), and “voice casting” calls (where an audio clip played a prerecorded callback message).

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Ex. B, Excerpts of January 20, 2017 Deposition of Justin Call (“Call Dep.”) at 98:23-24, 72:11-

73:15. 

20. “Press One” and “voice casting” calls were all placed through POM.

21. ViSalus’s process for placing prerecorded calls remained the same until the 

Outbound Support team was dissolved in January 2016. 

IV. Plaintiff Wakefield

22. Plaintiff Wakefield briefly signed up to be a ViSalus promoter in February 2012.

23. Plaintiff Wakefield subsequently ended her affiliation with the company. 

24. Wakefield received calls from ViSalus, but the exact number of calls received is 

in dispute. 

25. Each call was directed to the landline telephone that Wakefield registered with the 

National Do Not Call Registry on February 15, 2008. Each call was intended to sell ViSalus’s 

products. 

26. At least two of the telephone calls may have been from a live person. 

27. Two of the telephone calls by ViSalus to the landline for the Wakefield residence 

in April 2015 may have used a prerecorded message. 

28. Wakefield operated a home daycare for children in April 2015. 

29. On April 8, 2015, Wakefield first contacted plaintiff’s counsel Stefan Coleman by 

email through his website. 

Respectfully submitted, 

LORI WAKEFIELD, individually and on behalf

of all similarly situated individuals,

Dated: April 20, 2018 /s/ Eve-Lynn J. Rapp

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JOINT STATEMENT OF AGREED FACTS 

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Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: 415.212.9300

Fax: 415.373.9435

Attorneys for Plaintiff and the Class

VISALUS, INC.

Dated: April 20, 2018 /s/ Sarah Anchors

Sarah Anchors*

QUARLES & BRADY LLP

Renaissance One, Two North Central Avenue

Phoenix, Arizona 85004-2391

Tel: 602.229.5788

Joshua M. Sasaki, P.C., OSB No. 964182

josh.sasaki@millernash.com

Nicholas H. Pyle, OSB No. 165175

nicholas.pyle@millernash.com

MILLER NASH GRAHAM & DUNN LLP

3400 U.S. Bancorp Tower

111 S.W. Fifth Avenue

Portland, Oregon 97204

Tel: 503.224.5858

Fax: 503.224.0155

Attorneys for Defendant ViSalus, Inc.

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JOINT STATEMENT OF AGREED FACTS 

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CERTIFICATE OF SERVICE

I, Eve-Lynn J. Rapp, an attorney, certify that April 20, 2018, I served the foregoing by 

causing true and accurate copies of such paper to be transmitted to all counsel of record via the 

Court’s CM/ECF electronic filing system. 

/s/ Eve-Lynn J. Rapp

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