Case Summary
The League Women Voters of New Hampshire, the League of Women Voters of the United States, and individual New Hampshire voters filed a federal lawsuit against Steve Kramer, Lingo Telecom, LLC, and Life Corporation for voter intimidation, coercion, and deception ahead of the 2024 New Hampshire presidential primary. The defendants used illegal AI-generated robocalls to discourage voters from participating in the primary. The lawsuit sought an order requiring the defendants to cease engaging in illegal, dishonest, and deceptive tactics nationwide.
The League of Women Voters of New Hampshire ("LWVNH"), 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, LWVNH, 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.
LWV Timeline
Plaintiffs file lawsuit
LWVNH, LWVUS, and three New Hampshire voters file a lawsuit against three defendants who created and distributed thousands of misleading robocalls impersonating President Biden and urging voters not to vote in the upcoming primary election.
Plaintiffs file motion for preliminary injunction
Plaintiffs file their motion for a preliminary injunction, requesting the court forbid defendants from (1) creating and distributing AI-generated robocalls impersonating people without their consent; (2) distributing spoofed communications; (3) distributing phone calls, text messages, and any illegal mass communications under federal law.
Department of Justice files statement of interest
The United States Department of Justice files a statement of interest, supporting the right of private plaintiffs like the League to bring a lawsuit against the perpetrators of the robocalls under Section 11(b) of the Voting Rights Act.
Lingo Telecom reaches settlement with FCC
Defendant Lingo Telecom agress to submit to a consent decree with the FCC.
Court denies motion to dismiss
The court denies defendants Voice Broadcasting Corporation and Life Corporation's motion to dismiss, ruling the plaintiffs have sufficient standing to continue bringing the case.
Parties agree to dismiss Lingo Telecom from case
The parties file a joint stipulation dismissing Lingo Telecom as a defendant.
Order denying preliminary injunction
The district court denies the plaintiffs' motion for a preliminary injunction, ruling that they were not in danger of irreparable harm if this relief were not granted, and that the request was not sufficiently specific.
Court approves settlement between plaintiffs and defendant telecommunications providers
The court approves a consent judgment between the plaintiffs and Voice Broadcasting Corporation and Life Corporation. Under its terms, the two companies agreed to implement a compliance plan to prevent the transmission of misleading robocalls similar to those received by the plaintiffs.
Court issues ruling in favor of plaintiffs
The district court rules in favor of the plaintiffs and against defendant Kramer. It affirms the magistrate judge's Report and Recommendation, which includes a default judgment against Kramer that awards injunctive and monetary relief.