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Home / Opinion Digests / Consumer Protection / Consumer Protection – Suit against officials really against government (access required)

Consumer Protection – Suit against officials really against government (access required)

Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background The Affordable Care Act obliges the U.S. Department of Health and Human Services, Centers for Medicare & ...

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