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Strengthening The TCPA s Sovereign Immunity Shield—Fourth Circuit Rules Federal Employees Are Not Liable For Government-Mandated Robocalls - Litigation, Mediation & Arbitration

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

4th Circ : Federal Employees Not Liable for Government-Mandated Robocalls

Advertisement 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 

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