3rd Circuit: TCPA Doesn't Cover State Legislators' Robocalls
The Telephone Consumer Protection Act's (TCPA) robocalling restriction doesn't apply to calls made by state legislators, the 3rd U.S. Circuit Court of Appeals said Monday as it reversed a lower court's denial of summary judgment. The decision stemmed from litigation against Pennsylvania Rep. Matthew Bradford (D), which was filed by someone who received automated calls from the lawmaker's office on such topics as government resources available during the COVID-19 pandemic and an upcoming shredding event for constituents. Bradford sought summary judgment, arguing that TCPA didn't apply, the claim was barred by 11th Amendment sovereign immunity, and he's protected under qualified immunity.
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The 3rd Circuit said (docket 24-1925) that while the TCPA's robocall restrictions apply to "any person," state legislators "enjoy broad absolute immunity" from civil liability when doing core legislative activities. Communications on issues are part of legislators' official business, said the decision, written by Judge Joseph Scirica. "We hesitate to impose liability on state legislators when they act" for the public benefit. The court noted that its decision was narrow: Robocall rules, using the general term “person,” don't cover calls made by state legislators when exercising legitimate functions of their office for the public benefit. It clarified that it had no opinion on whether the 11th Amendment or qualified immunity bars the suit. Also deciding the case were Judges Felipe Restrepo and Tamika Montgomery-Reeves.