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ViSalus, Inc. v. Lori Wakefield, Individually and on Behalf of All Others Similarly Situated
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35201 · judgment October 20, 2022
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a business petitioner.
Question presented
This case arises from the intersection of this Court’s opinion in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with a class action lawsuit under the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227. TransUnion limited Article III standing by holding that all plaintiffs in a class action must have suffered a “concrete injury in fact”—not just a bare statutory violation—in order to bring suit in federal court. Petitioner ViSalus, Inc. (“ViSalus”) was sued in 2015 by named plaintiff Lori Wakefield, a former ViSalus promoter, on behalf of herself and a class of others who had provided their phone numbers to ViSalus and consented to receive marketing communications, but whose written consent did not meet the technical requirements of a newly adopted FCC regulation. Plaintiffs claimed only statutory damages. The harm from receiving a phone call after opting in to a marketing list is far from “concrete,” and the impact of TransUnion on class action lawsuits brought under the TCPA has been assessed unevenly by federal courts nationwide, creating a conflict between the Ninth and Eleventh Circuits. The question presented is: Whether, in light of TransUnion, receipt of a phone call after opting in to receive marketing communications is a “concrete injury in fact” sufficient to confer Article III standing for purposes of a TCPA action.
Counsel of record
For petitioner
Lisa Marie Burnett
Sacro and Walker LLP
For respondent
John Aaron Lawson
Edelson PC
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
22A610
Order
Order list, April 17, 2023 · Certiorari denied
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Mar 22 2023Waiver of right of respondent Lori Wakefield to respond filed.
- Mar 17 2023Petition for a writ of certiorari filed. (Response due April 20, 2023)
- Jan 10 2023Application (22A610) granted by Justice Kagan extending the time to file until March 19, 2023.
- Jan 05 2023Application (22A610) to extend the time to file a petition for a writ of certiorari from January 18, 2023 to March 19, 2023, submitted to Justice Kagan.