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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

District Court Finds TCPA s Cellphone Robocall Ban Constitutional for Five-Year Period Preceding Supreme Court s Decision in Barr v AAPC | King & Spalding

To embed, copy and paste the code into your website or blog: 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

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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