A Pennsylvania citizen sued Pennsylvania legislator Matthew Bradford under the TCPA, alleging that Bradford’s en masse automated phone calls sent to constituents violated the statute. A district court denied Bradford’s motion for summary judgment on the basis of Eleventh Amendment and/or qualified immunity. Yesterday, the Third Circuit reversed— going beyond the question of immunity and holding that the term “person” in the TCPA does not apply to state legislators carrying out “legitimate functions” of their office.
