fcd4211f   
   From: noloader@gmail.com   
      
   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)   
      
   https://www.jdsupra.com/legalnews/judge-rejects-due-process-argu   
   ents-and-44764/   
      
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