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Court Upholds Huge Damages Verdict Against ViSalus
August 20, 2020 -- A federal judge recently upheld a $925 million judgement determined by a jury in April 2019 in a class-action lawsuit brought by a former ViSalus representative.
The class-action suit argued that the nearly 2 million prerecorded "robocalls" placed by ViSalus to potential customers violated the Telephone Consumer Protection Act. Each violation called for a $500 penalty under the Telephone Consumer Protection Act.
Attorney Benjamin G. Shatz, representing ViSalus, wrote to the court that "ViSalus is in no position to pay any eight-digit judgment. ViSalus is not Microsoft, Amazon, Facebook, or Google. It is a small direct sales company that sells nutritional supplements and weight loss products. It has no hard assets; all it possesses is a network and a brand." He requested that the court reduce the damages to less than a dollar per call.
U.S. District Judge Michael H. Simon dismissed the ViSalus argument, writing in his opinion, "ViSalus's understanding of the limitations on damages imposed by due process implies that a constitutional penalty for a single violation becomes unconstitutional if the defendant commits the violation enough times."
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Kristi Hubbard Appointed Younique President
LEHI, Utah, July 8, 2020 -- Kristi Hubbard, a direct-selling executive leader with a strong record of success, has been appointed President of Younique, effective July 13, 2020. Ms. Hubbard will assume the Chief Executive Officer role after a period of transition, during which Derek Maxfield, the company's Co-Founder and Chief Executive Officer, will continue to lead the business. Upon her appointment to the CEO position, Mr. Maxfield will become Executive Chairman where he will continue to lead the Board of Directors and set the strategic vision for Younique. As CEO, Hubbard will lead the operations of the company and define the next era of transformation for Younique.
"I am thrilled to welcome Kristi to Younique," said Maxfield. "She is a proven leader in our space who has built and led strong companies to significant growth. More importantly, Kristi is a strong, value-based leader who aligns perfectly with the mission of Younique to uplift, empower and validate women throughout the world." Maxfield also noted Hubbard's transition to the CEO role will allow him to shift his focus to the long-term strategic direction of Younique and its ongoing support of The Younique Foundation. "I'm proud to have launched Younique with my sister, Melanie, eight years ago, built a strong team and led the company through phenomenal growth. Bringing on a President and CEO gives me the opportunity to put more focus on the long term strategy and direction of Younique as the Executive Chairman, while also providing the opportunity for innovation and new thinking in the day to day operations that will be critical to the future of the business. I am confident Kristi's leadership will help usher in the next wave of growth, further positioning Younique as the global pioneer in digital and product evolution within the social selling space."
Ms. Hubbard brings over 20 years of experience in senior executive roles within the direct selling industry, most recently as Chief Executive Officer of Norwex, a leader in eco-friendly home and personal care products. As CEO, Hubbard was responsible for setting the strategic direction for Norwex, which led to over 600% growth in revenue during her tenure and positioned the brand as a market leader in sustainable living. Previously, she was President of BeautiControl, a direct selling beauty brand, which was eventually acquired by Tupperware Brands. Ms. Hubbard has a passion for giving back and has been a champion for charitable initiatives in the organizations she leads. She has also served in board roles for several non-profit and for-profit organizations.
"I'm very excited to join the talented team at Younique," said Hubbard. "I definitely share the team's confidence in Younique's future growth and opportunities, particularly around digital and product innovation. She continued, "I'm passionate about advancing Younique's mission to uplift, empower and validate women and am excited to amplify this message to women everywhere."
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