In a resounding victory for public-private partnerships, the
Fourth Circuit s decision in
Cunningham v. Lester, et
al., No. 20-1086, F.3d - (4th Cir. Mar. 4,
2021) has affirmed federal employees immunity from the
Telephone Consumer Protection Act ( TCPA ) when acting in
furtherance of a government mandate. The TCPA imposes strict
statutory penalties for unsolicited robocalls ranging from $500 to
$1,500 per violation. But the Supreme Court has held the TCPA
does not contain a waiver of sovereign immunity.
See
Campbell-Ewald Co. v. Gomez, 577 U.S. 153, 166 (2016).
The question presented in
Cunningham was whether a
plaintiff can avoid the TCPA s sovereign-immunity shield by
suing federal employees for damages in their individual
Strengthening the TCPA s Sovereign Immunity Shield—Fourth Circuit Rules Federal Employees Are Not Liable for Government-Mandated Robocalls | Sheppard Mullin Richter & Hampton LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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Strengthening the TCPA’s Sovereign Immunity Shield Fourth Circuit Rules Federal Employees Are Not Liable for Government-Mandated Robocalls Thursday, March 11, 2021
In a resounding victory for public-private partnerships, the Fourth Circuit’s decision in
Cunningham v. Lester, et al., No. 20-1086, F.3d - (4th Cir. Mar. 4, 2021) has affirmed federal employees’ immunity from the Telephone Consumer Protection Act (“TCPA”) when acting in furtherance of a government mandate. The TCPA imposes strict statutory penalties for unsolicited robocalls ranging from $500 to $1,500 per violation. But the Supreme Court has held the TCPA does not contain a waiver of sovereign immunity.
See Campbell-Ewald Co. v. Gomez, 577 U.S. 153, 166 (2016). The question presented in