The League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual New Hampshire voters have initiated a federal lawsuit against Steve Kramer, Lingo Telecom, LLC, and Life Corporation, accusing them of voter intimidation, coercion, and deception through illegal AI-generated robocalls discouraging participation in the 2024 New Hampshire presidential primary. Filed in the District of New Hampshire, the lawsuit alleges that the defendants broadcasted robocalls using a “deepfake” voice of President Joe Biden to dissuade voters from the primary, promoting abstention to “save” their vote for the subsequent presidential election. This act has raised concerns among the League of Women Voters, a nonpartisan entity committed to voter education and participation, fearing a long-term negative impact on voter turnout. The plaintiffs, represented by Free Speech For People, Akin Gump Strauss Hauer & Feld LLP, and Preti, Flaherty, Beliveau, & Pachios, Chartered, LLP, seek a court order to halt the defendants’ deceptive practices nationwide, arguing that such tactics not only undermine democratic participation but also contravene the Voting Rights Act alongside state and federal consumer protection laws.
The allegations against Lingo Telecom are particularly impactful for service providers. As we previously reported, Lingo Telecom was the recipient of an FCC Cease & Desist emanating from its alleged role in originating and transmitting for termination the offensive traffic. The lawsuit also contains allegations against Lingo Telecom, focusing on their responsibility for transmitting illegal traffic, potentially constituting violations of the Telephone Consumer Protection Act (“TCPA”) and the Voting Rights Act of 1965. Following is a synopsis of the claims lodged against Lingo Telecom:
The core of the claims against Lingo pertains to their role in facilitating the transmission of illegal traffic. Under the Voting Rights Act claim, the plaintiffs allege that Lingo (and Life Corporation) “were aware or should have been aware of the false information contained in the call but nevertheless failed to prevent the message’s broadcast” and that Lingo “provided false attestations for the calls, disguising the identity of the caller and thereby adding to the deception.” These are serious allegations that highlight the heightened standard of care service providers are expected to fulfill. Implementation of STIR/SHAKEN, standing alone, is unlikely to relieve Lingo (or similarly-situated service providers) from the threat of liability.
Despite Lingo’s technological capabilities and its control over the transmission process, the allegations suggest a potential oversight or failure in implementing safeguards against the misuse of their network for illegal purposes. This situation underscores the importance of compliance with laws designed to prevent the exploitation of telecommunications services for unlawful activities. The claims against Lingo suggest that, regardless of their intentions, service providers bear a significant responsibility to ensure their networks are not used for illegal activities.
In facing these allegations, Lingo may be subjected to substantial legal expenses defending itself against the claims that its operations have facilitated illegal activities. This defense involves not only the direct financial costs associated with legal proceedings but also the broader implications for Lingo’s reputation and its operational protocols. At minimum, the company will need to engage in a detailed examination of its practices, potentially overhauling its compliance measures to prevent future allegations. This case serves as a poignant reminder of the legal complexities facing modern telecommunications providers, especially those pioneering new technologies and services.
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and industry policies & procedures around Robocall/Robotext Mitigation and Compliance issues (e.g., STIR/SHAKEN, TRACED Act, FCC & FTC Rules & Regulations, US Telecom Industry group, ATIS, NECA, VoIP Numbering Waivers, Know Your Upstream Provider and the private sector ecosystem), as well as the increased risk of business disputes, consumer protection enforcement by state attorneys general, and even civil litigation, and anticipating the potential torrent of client questions and concerns, The CommLaw Group formed a “Robocall Mitigation Response Team” to help clients (old and new) tackle their unique responsibilities.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan S. Marashlian – Tel: 703-714-1313 / E-mail: jsm@CommLawGroup.com
Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@CommLawGroup.com
