- Conspiracy theorists claim Dominion and Smartmatic "flipped" votes from Donald Trump to Joe Biden.
- The election technology companies are now suing the people who spread those claims.
- Here's who's being sued so far.
- Visit the Business section of Insider for more stories.
Dominion and Smartmatic have launched a series of defamation lawsuits against individuals and groups who spread election fraud conspiracy theories related to their voting machines during the 2020 presidential election.
As a result of the coronavirus pandemic, people turned to alternative ways to vote in the election, and voter fraud conspiracy theories quickly sprung up.
One posited that Dominion and Smartmatic developed technology that "flipped" votes from Donald Trump to Joe Biden through a method developed with the regime of the late Venezuelan dictator Hugo Chávez.
The theory has been thoroughly debunked. That didn't stop pro-Trump attorney Sidney Powell and Trump's former personal lawyer Rudy Giuliani from pushing elements of the theory while filing a series of failed lawsuits seeking to overturn the results of the election. Lindell has also spread misinformation about the machines, saying Dominion "built them to cheat."
As well as making the brand "radioactive" and putting its multiyear contracts in jeopardy, according to its attorney Tom Clare, the allegations about Dominion also put its employees in danger, the company wrote in a lawsuit.
Its customer support number received a voicemail message saying "we're bringing back the firing squad," it wrote in the suit in January. The need for heightened personal security cost Dominion $565,000, according to the lawsuit, bringing its total costs attributed to the vote fraud claims to almost $1.2 million.
Here's a list of everyone is being sued so far.
On January 8, Dominion filed a defamation suit against pro-Trump attorney Sidney Powell, seeking $1.3 billion in damages.
Powell was one of the faces of the Trump campaign's legal team in November, but Trump kicked her off the team after she floated her conspiracy theory at a press conference.
Despite being purged from Trump's "Elite Strike Force" legal team Powell used her false theories as the premise of four federal lawsuits seeking to overturn the election result. All of them failed, and some have resulted in motions for her to be disbarred.
Dominion's lawsuit alleges that Powell's claims caused the company business losses after she baselessly accused the company of fraud, election rigging, and bribery.
"Powell's statements were calculated to — and did in fact — provoke outrage and cause Dominion enormous harm," Tom Clare, the attorney representing Dominion, wrote in the lawsuit.
The 124-page defamation lawsuit also outlines how Powell raised money from her media tour peddling her conspiracy theory through a corporate vehicle called "Defending the Republic," also named as a party in the lawsuit.
Smartmatic filed a defamation lawsuit against Powell a month later, suing her at the same time it sued Rudy Giuliani, a fellow conspiracy theorist, and Fox News.
The company claimed that Powell and Giuliani used right-wing media outlets like Fox News to make their conspiracy theories go viral.
"These defendants are primary sources of much of the false information," the company said. "Their unfounded accusations were repeated by other media outlets, journalists, bloggers and influencers the world over."Rudy Giuliani by Dominion and Smartmatic
In the lawsuit, Dominion accused Giuliani of creating "a viral disinformation campaign about Dominion," referring to more than 50 of his statements.
Through hearings, television appearances, Twitter, and his own YouTube show, it said, Giuliani repeatedly accused Dominion of election fraud and misrepresented the company's security measures while doing so.
He "cashed in by hosting a podcast where he exploited election falsehoods to market gold coins, supplements, cigars and protection from 'cyberthieves,'" Dominion wrote in the lawsuit.
The 107-page document also cited numerous other people who said they believed Giuliani's claims, which it argued demonstrated the scope of the damage.
"Rudy Giuliani actively propagated disinformation to purposefully mislead voters," Dominion CEO John Poulos said in a statement. "Because Giuliani and others incessantly repeated the false claims about my company on a range of media platforms, some of our own family and friends are among the Americans who were duped."
Smartmatic also included Giuliani as a defendant in its lawsuit filed in February.
The company said Giuliani used the conspiracy theories to enrich himself.
"He reportedly would seek thousands of dollars ($20,000/day) in fees from President Trump to spread the story and file frivolous lawsuits," the company wrote in its lawsuit. "He would also use the attention brought to him as one of the primary storytellers to sell various products – from coins to supplements to title fraud protection."
In a statement following the Dominion lawsuit, Giuliani said he welcomed it and suggested he had not previously done a thorough investigation of Dominion's practices.Mike Lindell by Dominion
On February 22, Dominion filed a defamation suit against MyPillow CEO Mike Lindell, also seeking $1.3 billion in damages.
Dominion's lawsuit accused Lindell of repeatedly making false allegations while knowing there was no credible evidence to support his claims. As well as rallies, interviews, and a two-hour movie, Lindell used his social-media profiles to spread his baseless claims of voter fraud.
In the lawsuit, Dominion claimed Lindell used the claims as a way to ramp up his pillow sales, advertising on far-right media outlets that parroted his claims and sponsoring a bus tour that sought to overturn the election results. Lindell told Insider that retailer boycotts of MyPillow following the insurrection have cost him tens of millions of dollars in business.
He "knowingly lied about Dominion to sell more pillows to people who continued tuning in to hear what they wanted to hear about the election," Dominion wrote.
Lindell told Insider Dominion had "zero, zero, zero" chance of winning. The lawsuits were part of cancel culture's attempts at silencing voices, he said.
"I looked at it as a great day for America when they sued me," Lindell added. "I can put the evidence for the whole world to see, and it'll be public record, and the media will quit trying to suppress it."Fox News by Smartmatic
On February 4, Smartmatic filed a $2.7 billion lawsuit against Fox News, accusing it of waging disinformation campaigns about the company's role in the 2020 election.
"In November and December 2020, Fox News broadcast multiple reports stating and implying that Smartmatic had fixed and rigged the 2020 election," the company said.
"They repeated the false claims and accusations on air and in articles and social media postings that were together seen by millions in the US and even more around the world."
Fox called the lawsuit "meritless" and asked a judge to dismiss the case.
"Fox News Media is committed to providing the full context of every story with in-depth reporting and clear opinion," the company said. "We are proud of our 2020 election coverage and will vigorously defend this meritless lawsuit in court."
Asked whether Dominion would also sue Fox News, Poulos told CNBC the company was "not ruling anyone out."
A Fox News representative told Insider earlier in February that the network ran several "fact-check" segments "prior to any lawsuit chatter." While several of its news shows reported that there was no evidence of Dominion's systems changing votes, Fox News, in particular its opinion hosts, "questioned the results of the election or pushed conspiracy theories about it at least 774 times" in the two weeks after the network called the race, according to Media Matters.Jeanine Pirro, Maria Bartiromo, and Lou Dobbs by Smartmatic. They have filed to dismiss the lawsuit
Smartmatic's 285-page lawsuit against Fox News also named the hosts Lou Dobbs, Maria Bartiromo, and Jeanine Pirro as defendants.
Smartmatic said the hosts had offered Powell and Giuliani a platform and endorsed their falsehoods.
Bartiromo, Pirro, and Dobbs all filed separate motions to dismiss the lawsuit, Fox News said.Dominion will 'definitely' file more lawsuits, its CEO said
Dominion has sent cease-and-desist notices and warnings to preserve documents to more than 150 people, The Washington Post reported. This includes the media outlets Fox News, Newsmax, and One America News.
But Americans could be "forgiven for believing" the claims because they were touted as facts, Poulos told CNBC.