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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