Is the TCPA Unconstitutional? [More With McGlinchey, Ep 18] | McGlinchey Stafford 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.
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
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Another district court, this time the Southern District of California, has waded into the growing debate over whether the Telephone Consumer Protection Act’s (TCPA) autodialer ban was unenforceable in its entirety for a five-year period from 2015–2020. In
Barr v. American Association of Political Consultants, 140 S. Ct. 2335 (2020), the Supreme Court held that the government-backed debt exception to the TCPA rendered the statute’s cellphone autodialer ban an unconstitutional restriction on free speech. (You can read more about the Supreme Court’s highly fractured decision in
Predominant Issues.)
After
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