The Third Circuit’s recent decision in Perrong v. Bradford, 2025 WL 2825982 (3d Cir. 2025), serves as an important reminder that the TCPA does not apply to all automated telephone solicitations. In a case of first impression, the Court held that telephone solicitations made by state legislators when performing legitimate legislative functions for the public benefit fall outside the statute’s scope — underscoring that courts continue to interpret the TCPA narrowly and recognize meaningful limits on its application.

The plaintiff received five prerecorded calls sent by the Legislative Communications Office of the House Democratic Caucus on behalf of Pennsylvania Representative Matthew Bradford. After discovery, the district court denied Bradford’s motion for summary judgment, rejecting his argument that the TCPA did not apply to his conduct and his alternative claims of qualified and Eleventh Amendment immunity. The Third Circuit reviewed the case under the collateral order doctrine based on the immunity claims.

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