Catfishing is when someone pretends to be someone they are not by using someone else's image. They then try to trick another person to get involved with them romantically. In many situations, the person that is pretending to be someone else uses social media showing the other person's images, as well as some of their personal information. The relationship with this person is typically non-physical to prevent their victim from discovering who they really are. Both the person that was deceived and the person whose images and information were used can take legal action.
Legal Theories
Currently there are no laws that account for catfishing. However, there are federal or state laws that can help with recovery. Below are some things the person catfishing you could be charged with. Each case is different, however, because it depends on what state you live in.
Defamation
The person whose image is being used by the catfish may have a claim against them for defamation. This is especially true if they make false statements about them that can hurt the victim and/or their reputation.
Harassment or Stalking
Depending on the circumstances, either you or the other victim may be able to sue the catfish for harassment and/or stalking.
Fraud
Fraud can be both a tort and a criminal charge. Fraud claims may be placed on the fact that a person represents themselves as someone else, and their victim believes them. The catfish knows the information they gave the other person was false, and their victim was injured in some way, which is usually emotionally. This can be very hard for someone to prove, however.
Some cases in which this crime could be more successful is when the catfish uses the trust of their victim to acquire money, or something else of value from them.
Intentional Emotional Distress
If the catfish receives no financial gain, the victim may pursue a claim for emotional distress. This claim would be successful if the victim is able to prove the catfish's conduct is outrageous and extreme, and that their conduct resulted in their emotional distress.
Misappropriation of Likeness
The person whose social media content and/or images were used may also have a claim against the catfish for misappropriation of likeness. They would have to show that the catfish used a protected image without their consent.
Catfishing is becoming more and more common in the world today. If you have been catfished, do not sit back and let someone do this to you. Hire a personal injury attorney, such as Charles P Dargo, to help you with your case.
