League of Women Voters of New Hampshire v. Kramer

The League of Women Voters of New Hampshire (LWV New Hampshire), the League of Women Voters of the United States (LWVUS), and three individual New Hampshire voters filed a federal lawsuit in the United States District Court for the District Court of New Hampshire. The suit named several defendants, a New York-based political consultant, and two telecommunications providers, who had sent robocalls to thousands of New Hampshire voters two days before the state’s presidential primaries.  

The calls, using deepfake technology, generated a false recording of President Biden’s voice urging voters not to cast ballots in the New Hampshire Democratic Party primary election, stating as follows:  

"This coming Tuesday is the New Hampshire Presidential Preference Primary. Republicans have been trying to push nonpartisan and Democratic voters to participate in their primary. What a bunch of malarkey. We know the value of voting Democratic when our votes count. It’s important that you save your vote for the November election. We’ll need your help in electing Democrats up and down the ticket. Voting this Tuesday only enables the Republicans in their quest to elect Donald Trump again. Your vote makes a difference in November, not this Tuesday. If you would like to be removed from future calls, please press two now. Call [personal cell phone of Kathy Sullivan] to be removed from future calls.” 

On March 14, 2024, LWV New Hampshire, LWVUS, and three New Hampshire voters filed a federal lawsuit, asserting the defendants had violated Section 11(b) of the Voting Rights Act of 1965, Section 272 of the Telephone Consumer Protection Act, and New Hampshire state law by sending the deceptive robocalls to New Hampshire voters.  

The complaint requested a nationwide injunction forbidding defendants from: (1) creating or distributing AI-generated robocalls impersonating any person without that person’s written consent; (2) distributing spoofed telephone calls, text messages, or any other spoofed communications; (3) distributing telephone calls, text messages, or other mass communications not compliant with state and federal laws or made for an illegal purpose; and (4) monetary damages. The plaintiffs also requested an order requiring the two defendant telecommunications providers to establish policies and procedures to prevent unlawful, intimidating, threatening, or coercive robocalls directed at voters. 

The League was represented in this matter by Free Speech for People, Akin Gump Strauss Hauer & Feld, and Preti Flaherty, PLLP.