CPI’s Case: A Campaign of Deception
The origins of the case trace back to 2020, when CPI accused Vivint of misleading its customers into believing Vivint was affiliated with CPI, and then coercing them into hard-to-cancel contracts. The alleged misconduct particularly affected senior citizens, a key CPI demographic.
In February 2023, after a two-week federal trial in Charlotte, a jury returned a blockbuster verdict, finding Vivint liable for:
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Trademark infringement under the Lanham Act
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Unfair competition
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Tortious interference
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Violations of the UDTPA
The jury awarded $49.7 million in compensatory damages and an additional $140 million in punitive damages, later increased by $8.6 million in prejudgment interest by U.S. District Judge Max O. Cogburn Jr.
Vivint’s Defense Falls Flat
Vivint argued that CPI needed to show it personally relied on Vivint’s misrepresentations—an effort to reframe the case as fraud. But the panel shot that down.
“Unfair competition claims… do not require the plaintiff’s reliance on the defendant’s lies,” Niemeyer stated. “Rather, the plaintiff need only show that the unfair competition proximately caused its injuries.”
Vivint also insisted the jury awarded overlapping damages and sought to reduce the verdict to a mere $274,000. But the court emphasized that the jury was explicitly instructed not to duplicate damages, and even clarified its verdict form mid-deliberation.
Regarding the state’s punitive damages cap, Vivint tried to exclude certain compensatory categories from the cap calculation. The panel again disagreed, ruling that North Carolina law mandates a straightforward ratio—three times the full compensatory amount, regardless of the claim type.
Vivint’s final plea to split the trial into separate liability and punitive damages phases also fell flat.
“Vivint has failed to identify any erroneous evidentiary ruling that requires a new trial,” Niemeyer added.
