DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

LORI WAKEFIELD, individually and on behalf 

of all others similarly situated,

Plaintiff,

vs.

VISALUS, INC., 

Defendant.

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Case No. 3:15-cv-01857

Honorable Anna J. Brown

DECLARATION OF CARLA PEAK ON

CLASS CERTIFICATION NOTICE PLAN

I, CARLA PEAK, declare:

1. I am a Vice President of Legal Notification Services at KCC LLC (KCC). 

2. The purpose of this declaration is to provide the Court with KCC’s qualifications 

and experiences regarding the development of class action notice plans and to provide 

information regarding the Notice Plan for distributing notices about class certification in 

conjunction with the case of Wakefield v. ViSalus, Inc., No. 3:15-cv-01857 (D. Ore.). A copy of 

the Notice Plan is attached hereto as Exhibit 1. 

FIRM EXPERIENCE

3. KCC is a leading class action administration firm that provides comprehensive 

class action services, including legal notification, email and postal mailing campaign 

implementation, website design, call center support, class member data management, claims 

processing, check and voucher disbursements, tax reporting, settlement fund escrow and 
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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reporting, and other related services critical to the effective administration of class action 

settlements. With more than thirty years of industry experience, KCC has developed efficient, 

secure and cost-effective methods to properly handle the voluminous data and mailings 

associated with the noticing, claims processing and disbursement requirements of these matters 

to ensure the orderly and fair treatment of class members and all parties in interest. Since 1984, 

KCC has been retained to administer more than 6,000 class actions and distributed settlement 

payments totaling well over $20 billion in assets.

4. Some Telephone Consumer Protection Act (TCPA) case examples which KCC

has been involved with include: In re Monitronics International Inc., Telephone Consumer 

Protection Act Litigation, No. 1:13-md-02493 (N.D. W.Va.); Johnson v. Yahoo!, Inc., No. 1:14-

cv-02028 (N.D. Ill.); Etzel v. Hooters of America, LLC, No. 1:15-cv-01055 (N.D. Ga.); Elias v. 

Synchrony Bank, No. BC555883 (Sup. CT. Cal.); Charvet v. Plymouth Rock Energy, LLC, No. 

2:15-cv-04106 (E.D. N.Y.); Prather v. Wells Fargo Bank, N.A., No. 1:15-cv-04231 (N.D. Ga.); 

Luster v. Wells Fargo Dealer Services, Inc., No. 1:15-cv-01058 (N.D. Ga.); Melito v. American 

Eagle Outfitters, Inc., No. 1:14-cv-02440 (S.D.N.Y.); Charvat v. Resort Marketing Group, Inc., 

No. 1:12-cv-05846 (N.D. Ill.); Davenport v. Discover Financial Services, No. 1:15-cv-06052 

(N.D. Ill.); Youngman v. A&B Insurance and Financial, Inc., No. 6:16-cv-01478, (M.D. Fla.); In 

Re Midland Credit Management, Inc. TCPA Litigation, No. 11-md-2286 (S.D. Cal.); Kolinek v. 

Walgreen Co., No. 13-cv-04806 (N.D. Ill.); Steinfeld v. Discover Financial Services, No. 12-cv01118 (N.D. Cal.); Boise v. ACE American Insurance Company, No. 1:15-cv-21264, (S.D. Fla.); 

In re: Portfolio Recovery Associates, LLC TCPA Litigation, No. 11-md-02295 (S.D. Cal.); 

Adams v. AllianceOne Receivables Management, Inc., No. 08-cv-00248 (S.D. Cal.); Couser v. 

Comenity Bank, No. 12-cv-02484 (N.D. Cal.); Connor v. JPMorgan, No. 10-cv-01284 (S.D. 
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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Cal.); Allen v. JPMorgan Chase Bank, No. 13-cv-08285 (N.D. Ill.); Newman v. AmeriCredit, No. 

11-cv-3041 (S.D. Cal.); Guarisma v. Blue Cross Blue Shield of Florida, No. 13-cv-21016-FAM 

(S.D. Fla.); Hetherington v. Omaha Steaks, No. 13-cv-2152 (D. Ore.); Charvat v. AEP Energy, 

No. 14-cv-3121 (N.D. Ill.); Lees v. Anthem Ins. Cos., Inc., No. 13-cv-01411 (E.D. Mo.); 

Abdeljalil v. GE Capital Retail Bank, No. 12-cv-02078-JAH-MDD (S.D. Cal.); Coffman v. Glide 

Talk, Ltd., No. 13-cv-05190 (N.D. Ill.); Luster v. Duncan Solutions, No. 14-cv-00112 (N.D. Ga.); 

Bayat v. Bank of the West, No. 13-cv-2376 (N.D. Cal.); Sherman v. Kaiser Foundation Health 

Plan, Inc., No. 13-cv-00981 (S.D. Cal.); Prater v. Medicredit, Inc., No. 14-cv-00159 (E.D. Mo.); 

Martin v. Global Marketing Research Services, Inc., No. 14-cv-1290 (M.D. Fla.); Jonsson v. 

USCB, Inc., No. 13-cv-8166 (C.D. Cal.); In re Life Time Fitness, MDL No. 2564 (D. Minn.); 

Rinky Dink Inc. v. World Business Lenders LLC, No. 14-cv-00268 (W.D. Wash.); Cummings v. 

Sallie Mae, Inc., No. 12-cv-9984 (N.D. Ill.); Grannan v. Alliant Law Group, P.C., No. 10-cv02803 (N.D. Cal.); Wannemacher v. Carrington Mortgage Servs., No. 12-cv-02016 (C.D. Cal.); 

Craftwood Lumber Co. v. Interline Brands, Inc., No. 11-cv-4462 (N.D. Ill.); Animal Medical 

Center of Orland Park v. JP Morgan Chase & Co., 14-cv-01251 (N.D. Ill.); and Hageman v. 

AT&T Mobility LLC, 13-cv-50 (D. Mont.). More information on KCC’s experience can be found 

at www.kccllc.com.

NOTICE PLAN

Case Background

5. The following known factors were considered when designing the Notice Plan 

recommendation: (1) the precise size of the Class is unknown, but it is estimated to include over 

one million Class Members; (2) Class Members are located throughout the U.S.; (3) for reach 

calculating and planning purposes, a target of all U.S. adults 18 years of age and older has been 
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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used; and (4) Plaintiffs believe phone numbers are available for all Class Members; however the 

list of phone number is over-inclusive and a reasonable effort cannot separate and identify the 

phone numbers of only Class Members. As a result, the individual notice effort will be 

supplemented with a consumer media campaign. In other words, because the precise size of the 

Class is unknown, the Notice Plan was designed to reach approximately 70% of likely Class 

Members through a combination of individual notice and Internet advertisements.

Class Definition

6. The Court certified a Class consisting of 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.

Individual Notice

7. It is KCC’s understanding that phone numbers are available for approximately 1.9 

million individuals, however this list is believed to be over-inclusive of the Class. Of the 1.9 

million phone numbers, email and postal addresses are available for approximately 220,000, only 

email addresses are available for approximately 820,000, only postal addresses are available for 

approximately 673,000, and approximately 224,000 do not have an associated email or postal 

address. As discussed in more detail below, KCC will conduct reverse lookups to identify names 

and addresses for the phone numbers that do not have an associated postal address. The results of 

the reverse lookup will then go through an email append process to locate an email address for 

the associated postal address.

8. Plaintiffs have provided KCC with all of the telephone numbers and contact 
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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information they have for Class Members. KCC will merge this data into one comprehensive 

database (the “Notice List”). KCC will then de-duplicate the Notice List to ensure, as best as 

possible, that each telephone number appears on the list a single time. Where duplicate telephone 

numbers appear on the Notice List with matching email addresses, the duplicate telephone 

numbers will be removed. Where duplicate telephone numbers appear on the Notice List with 

matching postal addresses, the duplicate telephone numbers will be removed. Where duplicate 

telephone numbers appear on the Notice List with unique email addresses, the duplicate 

telephone numbers will be retained. Where duplicate telephone numbers appear on the Notice 

List with unique postal addresses, the duplicate telephone numbers will be retained. After deduplication, KCC will perform a reverse directory search using the phone numbers provided on 

the Notice List to first obtain a postal address. KCC will then use the postal addresses to conduct 

an email append search to return the email address associated with that postal address. 

9. KCC routinely performs reverse directory searches and lookups. This process has 

been used in at least a dozen KCC administrations of TCPA matters this year, and has been 

relied upon by KCC for a number of administrations in past years for the purpose of notice. KCC 

will facilitate lookups to identify names, postal addresses and email addresses associated with 

phone numbers. 

10. KCC will conduct a search to identify email addresses for all phone numbers that 

have an associated postal address, as well as for those records that result in a name and postal 

address during the reverse directory search. Based on a sample email append report, KCC 

estimates that 63% of the postal addresses that are processed in the email append will return 

email addresses. Upon completion of the above-referenced searches, KCC will update the Notice 

List with the information obtained and will de-duplicate and review the entire Notice List. KCC 
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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will then send a summary notice (the “Email Notice”) to each email address on the Notice List.

A copy of the Email Notice is attached to Exhibit 1 as Attachment A.

Internet Banner Advertisements

11. According to data from GfK Mediamark Research & Intelligence, LLC,

1

87.1% 

of all U.S. adults 18 years of age and older have access to the Internet at home using a computer 

and 80.2% have looked at or used the Internet in the last 30 days. KCC’s Legal Notification 

Services team will purchase approximately 43 million internet impressions to be delivered over 

the Google Display Network. The impressions will be targeted to adults 18 years of age and 

older. All of the Internet banner notices (the “Publication Notice”) will contain an embedded 

hyperlink to the case website. Copies of the Publication Notice are attached to Exhibit 1 as 

Attachment B.

Case Website

12. KCC will create and maintain a case-specific website and post relevant 

documents and answers to frequently asked questions. Class Members will have the option to

download copies of case documents, including the Long Form Notice, Class Action Complaint,

and the Court’s Class Certification Order. The Case Website will also provide Class Members 

with additional information about the litigation, their options and rights, and contact information 

for counsel and KCC (the “Long Form Website Notice”). A copy of the Long Form Website

Notice is attached to Exhibit 1 as Attachment C.

 

1 GfK Mediamark Research & Intelligence, LLC (MRI), is a nationally accredited research firm that provides 

consumer demographics, product and brand usage, and audience/exposure in all forms of advertising media. 

Established in 1979, MRI measures the usage of nearly 6,000 product and service brands across 550 categories, 

along with the readership of hundreds of magazines and newspapers, internet usage, television viewership, national 

and local radio listening, yellow page usage, and out-of-home exposure. Based on a yearly face-to-face interview of 

26,000 consumers in their homes, MRI’s Survey of the American ConsumerTM is the primary source of audience 

data for the U.S. consumer magazine industry and the most comprehensive and reliable source of multi-media 

audience data available.
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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Toll-Free Number

13. KCC will set up a toll-free number to provide Class Members with an additional 

opportunity to learn more about the litigation. The toll-free number will provide answers to 

frequently asked questions, as well as allow Class Members to request to have more information

mailed directly to them.

Opt-Out Processing

14. KCC will process all opt-outs and provide copies to counsel and the Court. 

Reach and Frequency

15. This individual notice reach was conservatively calculated using the largest 

possible class size of all phone numbers on the Notice List. After the reverse lookup and email 

append processes are completed, KCC estimates that it will send the Email Notice to

approximately 1.5 million individuals (out of the approximately 1.9 million unique phone 

numbers on the Notice List). KCC estimates that approximately 20 percent of the emails sent 

will result in bounce-backs. Based on these assumptions, KCC estimates that individual notice 

will reach approximately 63% of the Notice List. In addition, the Publication Notice is expected 

to reach approximately 18% of adults 18 years of age and older. Combined, the Notice Plan is 

expected to reach approximately 70% of likely Class Members. 

CONCLUSION

16. Based on KCC’s class action notice planning experience, the notice tactics 

utilized in the Notice Plan are consistent with other effective class action notice plans.

17. The attached notice forms, including the Email Notice, the Publication Notice, 

and Long Form Website Notice are consistent with other effective class action notice documents 

and have been written in clear, concise, plain, and easily understood language.
DECLARATION OF CARLA PEAK ON CLASS CERTIFICATION NOTICE PLAN – CASE NO: 3:15-cv-01857

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18. The Notice Plan provides the best notice practicable under the circumstances of 

this case. It provides the same reach and frequency evidence that Courts have approved and that 

has withstood appellate scrutiny, other expert critiques, as well as collateral review. The Notice 

Plan is also consistent with the 70-95% reach guideline set forth in the Federal Judicial Center’s 

Judges’ Class Action Notice and Claims Process Checklist and Plain Language Guide.

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct.

Dated: October 16, 2017

Carla Peak

© KCC LLC 2017
Exhibit 1
 2017 KCC LLC

Proprietary and Confidential

Legal Notification Services

______________________________________________________________________

Class Certification Notice Plan

Wakefield v. ViSalus, Inc.

Case No. 3:15-cv-01857

United States District Court 

District of Oregon

Prepared: October 16, 2017
 2017 KCC LLC

Proprietary and Confidential

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Table of Contents 

 Page

Media Terms ...................................................................................................................................................3

Media Resources ............................................................................................................................................4

Program Overview ..........................................................................................................................................5

Notice Schedule ..............................................................................................................................................6

Individual/Direct Notice ...................................................................................................................................7

Publication Notice ...........................................................................................................................................8

Additional Support...........................................................................................................................................9

Notice Design................................................................................................................................................10

Draft Forms of Notice....................................................................................................................................11

Attachment A – Email Notice

Attachment B – Publication Notice

Attachment C – Long Form Website Notice
 2017 KCC LLC

Proprietary and Confidential

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Media Terms

The following provides the meaning of media terms highlighted throughout the Notice Plan:

Impressions or Exposures: Total number of opportunities to be exposed to a media vehicle or 

combination of media vehicles containing a notice. It is a gross or cumulative number that may include the 

same person more than once. Impressions can exceed the population size.

Frequency: Estimated average number of times a population group is exposed to a media vehicle or 

combination of media vehicles containing a notice within a given period of time.

Reach or Coverage: Net percentage of a specific population group exposed to a media vehicle or a 

combination of media vehicles containing a notice at least once within a given period of time. Reach 

factors out duplication, representing the total different/net persons.
 2017 KCC LLC

Proprietary and Confidential

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Media Resources

The resources used to quantify the plan approach include the same resources used by media 

professionals to guide the billions of dollars of advertising we see today:

GfK Mediamark Research & Intelligence, LLC (MRI)

MRI is a nationally accredited research firm that provides consumer demographics, product and brand 

usage, and audience/exposure in all forms of advertising media. Established in 1979, MRI measures the 

usage of nearly 6,000 product and service brands across 550 categories, along with the readership of 

hundreds of magazines and newspapers, Internet usage, television viewership, national and local radio 

listening, yellow page usage, and out-of-home exposure. Based on a yearly face-to-face interview of 

26,000 consumers in their homes, MRI’s Survey of the American ConsumerTM is the primary source of 

audience data for the U.S. consumer magazine industry and the most comprehensive and reliable source 

of multi-media audience data available.

comScore, Inc. (comScore)

comScore is a leading cross-platform measurement and analytics company that precisely measures 

audiences, brands and consumer behavior everywhere, capturing 1.9 trillion global interactions monthly. 

comScore’s proprietary digital audience measurement methodology allows marketers to calculate 

audience reach in a manner not affected by variables such as cookie deletion and cookie 

blocking/rejection, allowing these audiences to be reached more effectively. comScore operates in more 

than 75 countries, serving over 3,200 clients worldwide.
 2017 KCC LLC

Proprietary and Confidential

5

Program Overview

Class Definition

The Court certified a Class consisting of 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.

Case Analysis

The following known factors were considered when designing the Notice Plan recommendation:

(1) the precise size of the Class is unknown, but it is estimated to include over one million Class 

members;

(2) Class members are located throughout the U.S.; 

(3) for reach calculating and planning purposes, a target of all U.S. adults 18 years of age and older 

has been used; and 

(4) Plaintiffs believe phone numbers are available for all Class Members; however, the list of phone 

numbers is over-inclusive and a reasonable effort cannot separate and identify the phone numbers 

of only Class Members. 

Target Audience

MRI data was studied among all U.S. adults 18 years of age and older (Adults), because this broad, overinclusive target group best represents the Class.

Notice Design

The Notices have been designed to provide a clear, concise, plain language statement of Class members’ 

legal rights and options. 
 2017 KCC LLC

Proprietary and Confidential

6

Notice Schedule

Following is a hypothetical schedule outlining the notice activity.

Notice Tactic Issued Week 1 Week 2 Week 3 Week 4 Week 5

Individual Mailings 

Publication Notice Daily

Case Website Constant

Toll-Free Number Constant
 2017 KCC LLC

Proprietary and Confidential

7

Individual/Direct Notice

 An summary Email Notice will be emailed to the email addresses of identifiable potential Class 

members.

 It is KCC’s understanding that phone numbers are available for approximately 1.9 million 

individuals, however this list is believed to be over-inclusive of the Class. Of the 1.9 million phone 

numbers, email and postal addresses are available for approximately 220,000, only email 

addresses are available for approximately 820,000, only postal addresses are available for 

approximately 673,000, and approximately 224,000 do not have an associated email or postal 

address. As discussed in more detail below, KCC will conduct reverse lookups to identify names 

and address for the phone numbers that do not have an associated postal address. The results of 

the reverse lookup will then go through an email append process to locate an email address for 

the associated postal address. 

 Plaintiffs have provided KCC with all of the telephone numbers and contact information they have 

for Class Members. KCC will merge this data into one comprehensive database (the “Notice 

List”). KCC will then de-duplicate the Notice List to ensure, as best as possible, that each 

telephone number appears on the list a single time. Where duplicate telephone numbers appear 

on the Notice List with matching email addresses, the duplicate telephone numbers will be 

removed. Where duplicate telephone numbers appear on the Notice List with matching postal 

addresses, the duplicate telephone numbers will be removed. Where duplicate telephone 

numbers appear on the Notice List with unique email addresses, the duplicate telephone 

numbers will be retained. Where duplicate telephone numbers appear on the Notice List with 

unique postal addresses, the duplicate telephone numbers will be retained. After de-duplication, 

KCC will perform a reverse directory search using the phone numbers provided on the Notice List 

to first obtain a postal address. KCC will then use the postal addresses to conduct an email 

append search to return the email address associated with that postal address. 

 KCC will facilitate lookups to identify names, postal addresses and email addresses associated 

with phone numbers. KCC will conduct a search to identify email addresses for all phone 

numbers that have an associated postal address, as well as for those records that result in a 

name and postal address during the reverse directory search. Upon completion of the abovereferenced searches, KCC will update the Notice List with the information obtained and will deduplicate and review the entire Notice List to ensure a single Summary Notice is emailed.

 Because the actual size of the Class is unknown, and the list of phone numbers available for 

potential Class members is over-inclusive, KCC has conservatively calculated the reach of the 

individual notice using the largest possible class size of all phone numbers on the Notice List.
 2017 KCC LLC

Proprietary and Confidential

8

Publication Notice

According to data from GfK Mediamark Research & Intelligence, LLC, 87.1% of Adults have access to the 

Internet at home using a computer and 80.2% have looked at or used the Internet in the last 30 days.

Using comScore data, we have determined the number of impressions necessary to effectively extend 

reach among likely Class Members. Based on our analysis, we recommend purchasing 43 million internet 

impressions to be distributed over Google Display Network. The internet banners will appear on both 

mobile and desktop devices. The online ads will be targeted to Adults and will include an embedded link 

to the case website.

L
 2017 KCC LLC

Proprietary and Confidential

9

Additional Support

Case Website

 Provides a simple way for Class Members to obtain additional information about the case

 Allows Class Members the ability to obtain additional information and documents including the 

detailed Long Form Website Notice, Class Action Complaint, Defendants’ Answers, Class 

Certification Order and any other information the Court may require

 Prominently displayed in all printed notice materials

Toll-Free Telephone Support

 Provides a simple way for Class Members to obtain additional information about the case

 Allows Class Members the opportunity to learn more about the case in the form of frequently 

asked questions and answers

 Allows Class Members to request to have more information mailed directly to them

 Prominently displayed in all printed notice materials

.
 2017 KCC LLC

Proprietary and Confidential

10

Notice Design

The Notices are clear and concise, and written in plain, easily understood language, The design and 

content of all of the notice materials are consistent with the FJC’s “illustrative” forms of model plain 

language notices, available at www.fjc.gov. 

Email Notice 

 Bold headline captures attention and speaks directly to Class Members, alerting them that they 

should read the Notice and why it is important

 Legal significance is highlighted to ensure readers that the communication carries legitimate 

information from the court

 Content includes all required information

 Toll-free number and case website invite response, allowing Class Members the opportunity to

obtain additional information

Publication Notice

 Rotating text captures attention and draws the reader in

 Bold headline speaks directly to Class Members, alerting them that their rights may be affected

 Large “Learn More” button invites interaction

 Contains a direct link to the case website

Long Form Website Notice

 Prominent “Your Legal Rights and Options” table on first page immediately informs readers of 

their rights and options in the case

 Bold headline captures attention and speaks directly to Class Members, alerting them that they 

should read the Notice and why it is important

 Provides more detailed information than that of a Summary Notice

 Content includes all required information

 Toll-free number and case website invite response, allowing Class Members the opportunity to

obtain additional information
 2017 KCC LLC

Proprietary and Confidential

11

Draft Forms of Notice

Attachments A, B, and C contain the draft forms of the following notice documents:

 The Email Notice that will be emailed to all email addresses on the Notice List.

 The Publication Notice that will be posted on a variety of web properties.

 The detailed Long Form Website Notice that will be made available at the website. The Long 

Form Notice will be mailed to Class Members who call the toll-free number to request one.
Attachment A 
To:

From: Class Action Administrator <donotreply@WEBSITE.net>

Subject: Legal Notice: ViSalus Telephone Call Class Action

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Wakefield v. ViSalus, Inc., Case No. 3:15-cv-01857 (D. Ore.)

If you received an automated call promoting ViSalus weight-loss products 

and dietary supplements, a class action lawsuit may affect your rights.

A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.

Records indicate that you may be affected by a class action lawsuit claiming that ViSalus, Inc. (“ViSalus” or 

“Defendant”) violated a federal law called the Telephone Consumer Protection Act (“TCPA”). ViSalus denies 

that it violated the law. The lawsuit is called Wakefield v. ViSalus, Inc., No. 3:15-cv-01857 (D. Ore.). The Court 

decided this lawsuit should be a class action on behalf of a “Class,” or group of people that could include you. 

This notice summarizes your rights and options before any decision is reached on whether Plaintiff or 

Defendant is right. If you’re included in the Class, you have to decide whether to stay in the Class and be bound 

by whatever results, or ask to be excluded and keep your right to separately sue ViSalus. There is no money 

available now and no guarantee that there will be.

Am I part of the Class?

You may be a Class Member if you received an automated telephone call (i.e., a call containing a prerecorded 

message or used a robotic voice)—without your prior written consent—made by or on behalf of ViSalus, 

promoting its products or services. You are receiving this Notice because records produced in this case 

indicated that you likely received one of these calls. More information is in the detailed Long Form Website 

Notice at www.[WEBSITE].net.

What is this case about?

The lawsuit claims that by making and authorizing automated telephone calls promoting its goods and services,

ViSalus violated the federal Telephone Consumer Protection Act because consumers did not consent to receive 

these calls. The lawsuit seeks damages for each Class Member of $500 per call, or up to $1,500 per call if the 

Plaintiff can demonstrate that the calls were “willfully” made. The Court has not decided whether the Class or 

ViSalus is right. If the case is not resolved through legal motions or settled, the lawyers for the Class will have 

to prove their claims at a trial. 

Who represents me? 

The Court has appointed lawyers from the firms Forum Law Group LLC and Edelson PC to represent you as 

“Class Counsel.” You do not have to pay Class Counsel or anyone else to participate. Instead, if Class Counsel

gets money or benefits for the Class, they may ask the Court for attorneys’ fees and costs. If the Court grants 

Class Counsel’s request, the fees and costs would either be deducted from any money obtained for the Class or 

paid separately by ViSalus. If you want to be represented by your own lawyer in this case, you may hire one at 

your expense. Lori Wakefield is a Class Member like you and the Court appointed her as the “Class 

Representative.” 

What are my options? 

You have a choice of whether to stay in the Class or not, and you must decide this now. If you do not do 

anything, you are choosing to stay in the Class. You will be bound by all orders of the Court and you won’t be 

able to separately sue, or continue to separately sue, ViSalus about the calls at issue in this lawsuit. If money or 

benefits are obtained, you will be notified about how to get a share. You may also exclude yourself from the 

Class by sending a letter to the address below no later than [date] saying you want to be excluded from the 

lawsuit. Include your name, address, signature and the phone number that received the calls. If you exclude 
yourself, you will not get any money or benefits from the lawsuit if they are awarded, but you keep any rights 

you may have to sue ViSalus over the legal issues in this case. 

How and when will the Court decide who is right?

Class Counsel will have to prove the Plaintiff’s claims at a trial if the case is not settled or decided through legal 

motions. The trial will be heard at Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Ave., Portland, Oregon 

97204, but a trial date is not yet scheduled. A trial may be scheduled without further notice to you. During the 

trial, a jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiff or 

Defendant is right about the claims in the lawsuit. There is no guarantee that the Plaintiff will win or that they 

will get any money for the Class, nor is there any guarantee that you will be considered a Class Member.

How do I get more information? 

For more information, including a detailed Long Form Website Notice and other documents about this lawsuit 

and your rights, visit to www.[WEBSITE].net, contact the administrator at 1-___-___- ____ or write to 

Wakefield v. ViSalus Class Action Administrator, [address], or call Class Counsel at 1-___-___-____.

This message was intended for:

You were added to the system [DATE]

For more information click here. Update your preferences

Unsubscribe | Unsubscribe via email
Attachment B 

Attachment C
QUESTIONS? 1-000-000-0000 TOLL FREE, OR VISIT www.[WEBSITE].NET

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

If you received an automated call promoting ViSalus 

weight-loss products and dietary supplements, a 

class action lawsuit may affect your rights.

A Federal Court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.

 A lawsuit has been filed against ViSalus, Inc. (“ViSalus” or “Defendant”) claiming it authorized and/or 

took part in robocalling campaigns to promote its products and services.

 The Court decided this lawsuit should be a class action on behalf of any person who received an 

automated telephone call (i.e., a call containing a prerecorded message or that used a robotic voice)—

without your prior written consent—made by or on behalf of ViSalus, promoting its goods or services. 

 The Court has not yet decided whether Defendant did anything wrong. There is no money available 

now and no guarantee that there will be. Your legal rights are affected, however, and you have a 

choice to make now:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:

DO NOTHING

Stay in this lawsuit. Await the outcome. Give up certain rights.

By doing nothing, you automatically keep the possibility of getting money or 

benefits that may come from a trial or settlement. But, you give up any rights 

to separately sue Defendant about the same legal claims in this lawsuit.

ASK TO BE EXCLUDED

Get out of this lawsuit. Get no benefits from it. Keep rights.

If you ask to be excluded and money benefits are later awarded, you won’t 

share in those. But, you keep any rights to separately sue Defendant about the 

same legal claims in this lawsuit.

 Your options are explained in this Notice. To ask to be excluded, you must act before [date]. To remain 

a part of the class action, you do not need to do anything.

 If this case is not dismissed or settled before trial, lawyers must prove the claims against Defendant. If 

money or benefits are obtained from Defendant, you will be notified about how to ask for a share.
QUESTIONS? 1-000-000-0000 TOLL FREE, OR VISIT WWW.[WEBSITE].NET

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CHD-638871-3

BASIC INFORMATION

1. Why was this Notice issued?

The Court authorized this Notice to explain that the Court has allowed, or “certified,” a class action lawsuit that 

may affect you. You have legal rights and options that you may exercise in this case, as described below. Judge 

Anna J. Brown of the United States District Court for the District of Oregon is overseeing this class action. The 

lawsuit is known as Wakefield v. ViSalus, Inc., No. 3:15-cv-01857 (D. Ore.).

2. What is this lawsuit about? 

This lawsuit claims that ViSalus promoted its products and services by causing unsolicited automated telephone

calls to be made. The lawsuit also claims that, through this conduct, ViSalus violated the federal Telephone 

Consumer Protection Act (“TCPA”) because consumers did not provide prior consent to receive these calls. 

3. What is a class action and who is involved? 

In a class action, one or more people called “Class Representatives” (in this case, Lori Wakefield) sue on behalf 

of a group of people who have similar claims. The people together are a “Class” or “Class Members.” The 

individual who sues—and all the Class Members like them—is called the Plaintiff. The company they sue (in 

this case ViSalus, Inc.) is called the Defendant. In a class action, the Court resolves the issues for all Class 

Members, except for those who exclude themselves from the Class.

4. Why is this lawsuit a class action? 

The Court decided that this lawsuit can be a class action because it meets the requirements of Federal Rule of 

Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:

 Thousands of individuals allegedly received the automated calls and are Class Members;

 There are legal questions and facts that are common to each of them;

 Lori Wakefield’s claims are typical of the claims of the rest of the Class;

 Ms. Wakefield, and the lawyers from Forum Law Group LLC and Edelson PC representing the Class,

will fairly and adequately represent the Class’s interests;

 The common legal questions and facts outweigh questions that affect only individuals; and

 This class action will be more efficient than having many individual lawsuits.

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order and 

Opinion, which is available in the “Court Documents” section of this website.

THE CLAIMS IN THE LAWSUIT

5. What does the lawsuit complain about? 

This lawsuit claims that ViSalus promoted its products and services through unsolicited automated telephone 

calls made to consumers nationwide. 

Plaintiff claims that, by causing these automated calls to be made, Defendant violated the federal Telephone 

Consumer Protection Act because consumers did not consent to receive these automated calls. You can read a 

copy of the Plaintiff’s First Amended Class Action Complaint in the “Court Documents” section of this website.

6. How does ViSalus answer? 

ViSalus denies that it did anything wrong or violated any law. You can read Defendant’s Answers to Plaintiff’s

First Amended Class Action Complaint in the “Court Documents” section of this website.
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7. Has the Court decided who is right? 

The Court has not decided whether the Plaintiff or Defendant is correct. By establishing the Class and issuing 

this Notice, the Court is not suggesting that the Plaintiff will win or lose this case. Unless the case settles, 

Plaintiff must prove her claims at a trial or through legal motions to recover money.

8. What is the Plaintiff asking for?

The Plaintiff is asking the Court to award each Class Member monetary damages of $500 per unsolicited 

automated call they received. If Plaintiff is able to show that Defendant “willfully” made these automated calls, 

she will ask for up to $1,500 per Class Member, per call. Plaintiff is also asking the Court to enter an order 

prohibiting the Defendant from making these unsolicited automated calls in the future.

9. Is there any money available now? 

No money or benefits are available now because the Court has not decided whether Defendant did anything 

wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be 

obtained. If they are, you will be notified about how to ask for a share.

WHO IS IN THE CLASS

You need to determine whether you are affected by this lawsuit.

10. Am I part of the Class? 

The Court certified a Class on behalf of individuals in the United States who received an automated telephone

call (i.e., a call containing a prerecorded message or that used a robotic voice) made by or on behalf of ViSalus 

that promoted its products or services and ViSalus or companies working on their behalf did not have prior 

express consent to place the call. 

You may be part of the Class if you received one of these calls and any of the following is also true: 

 Your information appeared in Defendant’s records, in which case you would have likely received an

email from the Wakefield v. ViSalus Class Action Administrator; 

 Even if you did not receive an email notifying you of this action, you may still be part of the Class if 

your number appears in Defendant’s records; or

 You recall getting one of the automated telephone calls and you have or are able to obtain some 

documentation of the call, including but not limited to any of the following things: a telephone bill 

showing that you received the call; a recording of the call; a caller ID record of the call; or a screenshot 

of the call. 

You may be able to obtain your telephone bill and/or records from your telephone carrier, but you do not need 

to submit that information at this time. If you have any questions about how to obtain this information, call the 

lawyers in this case at the phone number listed in question 21 for assistance.

11. What if I’m still not sure if I am included?

If you are still not sure whether you are included, you can call the Wakefield v. ViSalus Class Action 

Administrator at [###-#####]. Or you can get free help by calling the lawyers in this case at the phone number 

listed in question 21.

YOUR RIGHTS AND OPTIONS

You have a choice about whether to stay in the Class or ask to be excluded before the trial, and you have to 

decide this now.
QUESTIONS? 1-000-000-0000 TOLL FREE, OR VISIT WWW.WEBSITE.NET

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12. What happens if I do nothing at all?

By doing nothing you are staying in the Class. If you stay in the Class and the Plaintiff obtains money or 

benefits, either as a result of any trial or settlement, you will be notified about how to apply for a share (or how 

to ask to be excluded from any settlement). Keep in mind that if you are a member of the Class and you do 

nothing now, regardless of whether the Plaintiff wins or loses the legal motions or trial, you will not be able to 

separately sue, or continue to separately sue, Defendant—as part of any other lawsuit—about the same legal 

claims that are the subject of this lawsuit. This means that if you do nothing, you may not be able to sue ViSalus

for unsolicited automated telephone calls promoting its products or services. You will also be legally bound by 

all of the orders the Court issues and judgments the Court makes in this class action. 

13. Why would I ask to be excluded?

If you already have your own lawsuit against Defendant for the same automated telephone calls, and want to 

continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which 

also means to remove yourself from the Class, and is sometimes called “opting out” of the Class—you won’t 

get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial, legal motions,

or from any settlement (that may or may not be reached) between Defendant and the Plaintiff. However, you 

will be able to separately start your own lawsuit against, or continue to separately sue, Defendant for making or 

authorizing the alleged unsolicited automated telephone calls at issue in this case. If you exclude yourself, you 

will not be legally bound by the Court’s judgments in this class action.

If you start your own lawsuit against Defendant after you exclude yourself, you’ll have to hire and pay your 

own lawyer for that lawsuit, and you’ll have to prove your claims. If you exclude yourself so you can start or 

continue your own lawsuit against Defendant, you should talk to your own lawyer soon because your claims 

may be subject to a statute of limitations or other deadline.

14. How do I ask the Court to exclude me from the Class? 

To exclude yourself from the Class, you must mail or otherwise deliver a letter (or request for exclusion) stating 

that you want to be excluded from Wakefield v. ViSalus, Inc., No. 3:15-cv-01857 (D. Ore.). Your letter or 

request for exclusion must include your name and address, the phone number that received the automated call at 

issue, and your signature. You must mail your exclusion request no later than [exclusion deadline], to:

Wakefield v. ViSalus Class Action Administrator

PO Box 0000

City, ST 00000-0000

THE LAWYERS REPRESENTING YOU

15. Do I have a lawyer in the case? 

The Court has appointed a team of lawyers from the firms Forum Law Group LLC and Edelson PC to represent 

the Class. They are called “Class Counsel.” They are experienced in handling similar class action cases. More

information about these lawyers, their law firms, and their experience is available at forumlawgroup.com and 

www.edelson.com, respectively.

16. Should I get my own lawyer? 

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want to 

hire your own lawyer, you certainly can, but you will have to pay that lawyer yourself. For example, you can 

ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
QUESTIONS? 1-000-000-0000 TOLL FREE, OR VISIT WWW.WEBSITE.NET

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17. How will the lawyers be paid? 

If Class Counsel obtains money or benefits for the Class, they may ask the Court for attorneys’ fees and 

expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees 

and expenses would be either deducted from any money obtained for the Class or paid separately by Defendant.

THE TRIAL

18. How and when will the Court decide who is right? 

As long as the case is not decided through legal motions or settled, Class Counsel will have to prove the 

Plaintiff’s claims at a trial. The trial will be heard at Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Ave., 

Portland, Oregon 97204, but a trial date is not yet scheduled. During the trial, a jury or the Judge will hear all of 

the evidence to help them reach a decision about whether the Plaintiff or Defendant is right about the claims in 

the lawsuit. There is no guarantee that the Plaintiff will win or that she will get any money for the Class. 

19. Do I have to come to the trial?

You do not need to attend the trial. Class Counsel will present the case for the Plaintiff and Defendant will 

present their defenses. You or your own lawyer are welcome to come at your own expense.

20. Will I get money after the trial?

If the Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how to 

apply for a share or what your other options are at that time. Currently, we do not know if any benefits will be 

available or how long this process will take.

GETTING MORE INFORMATION

21. Where do I get more information? 

This website www.[WEBSITE].net contains several Court Documents that contain additional information about 

the case. It will be updated with the most current information about the lawsuit as it becomes available. You 

may also write with questions to Wakefield v. ViSalus Class Action Administrator, PO Box 0000, City, ST 

00000-0000. You can call the Wakefield v. ViSalus Class Action Administrator at [1-000-000-0000] or Class 

Counsel at 1-000-000-0000, if you have any questions. Before doing so, however, please read this full Notice 

carefully.