FCC Grants Retroactive Waiver of Robocall Rules for ViSalus, Bebe Stores

FCC Robocall Waiver Could Affect High-Stakes ViSalus Suit
– Law360

Manatt’s Christine Reilly, leader of the firm’s consumer protection, advertising and competition practice, spoke with Law360 on the Federal Communications Commission’s decision to retroactively waive robocall rules for ViSalus Inc. and Bebe Stores Inc.

Law360 reports that by giving these companies limited waivers to the agency’s rules under the Telephone Consumer Protection Act, the FCC triggered significant change in the years-long, ongoing litigation in Oregon federal court. ViSalus had already moved to decertify the class of litigants accusing the marketer of TCPA violations.

Reilly, who represents ViSalus alongside Manatt partner John McGuinness, said the FCC’s order completely shifts the dynamics of the case, including whether there were willful violations.

“The FCC’s retroactive waiver is a game changer,” she said. “It directly impacts the calls at issue. In fact, the FCC’s order impacts all facets of the case, including ViSalus’ purported willfulness, its motion to decertify the class, judgment as a matter of law, new trial, etc. ViSalus intends to raise these issues to the court in further briefing.”

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