A federal judge in Oregon recently found that a $925 million award in a Telephone Consumer Protection Act (TCPA) class action did not violate due process. The marketing company argued that the aggregate amount was disproportionate to the harm suffered by the plaintiffs. However, the judge rejected the company's argument, finding that the $500 penalty amount for a single statutory violation was constitutional.
The lead plaintiff sued the company after the company had called her four times without her consent. Following a three-day jury trial, where the company did not present any evidence or witnesses, the jury found that the company had made 1,850,440 telemarketing calls to the plaintiffs. The minimum statutory penalty under the TCPA was $500, which brought the aggregate statutory damages to $925,220,000. The company challenged the aggregate award, arguing that it was unconstitutionally excessive...
The case is Lori Wakefield v. ViSalus, Inc., No. 3:15-cv-1857-SI, (D. Or. August 14, 2020)