Can I Sue Someone for Catfishing Me?

Online dating has become the norm. But as many have experienced, creating a dating profile isn’t easy. Living up to it can be even more difficult. In extreme cases, a person might invent an entirely different persona to talk to others online. This is called catfishing.

It’s normal to feel hurt or betrayed if you find out the person you’ve been talking to isn’t who you thought they were. But can you sue someone for catfishing? It depends on the circumstances. Issues with a catfish that may give rise to a lawsuit include:

• Fraud
• Harassment
• Identity theft
• Emotional distress
• Defamation
• Intellectual property infringement

Discovering you’ve been conned by a catfish can be heartbreaking and overwhelming. It can be especially devastating if they have defrauded you or caused emotional distress. But legal help is available. An attorney near you can guide you through the next steps, whether it’s recovering losses or protecting your identity. Depending on your situation, an intellectual property attorney or personal injury attorney will be best equipped to help you regain control and seek compensation.

What Is Catfishing?

“Catfishing" refers to someone lying online about their appearance (or sometimes their whole identity), most often on online dating sites or social media. The term gained popularity following the 2010 documentary “Catfish." The film captured the experience of Nev Schulman, a New York City photographer who traveled across the country to meet “Megan," a woman he’d been talking to online.

As it turned out, the 19-year-old woman Schulman thought he was in love with didn’t exist. He had actually been talking to a married 39-year-old woman named Angela. The film’s popularity led to an MTV show hosted by Schulman, where participants find and confront the people they suspect have been catfishing them.

Catfish often take photos from a real person’s social media accounts to build their fake profile. It’s not uncommon for a catfish to present themselves as a person of a different gender, race, or nationality. Some people create these online personas because they really are looking for a connection, but feel insecure. Others manage numerous fake personas for their own entertainment, emotional manipulation, or to spy on an ex.

In even more nefarious situations, catfish deceive to:

• Collect sensitive personal information
• Defraud victims financially
• Commit identity theft and other cybercrimes

Is Catfishing Illegal?

Representing yourself differently online than in real life isn’t illegal. And unfortunately, there’s not a lot of recourse when the person you’re talking to turns out to be a catfish. But, there are situations where catfishing can lead to legal issues or even criminal charges.

For example, there can be severe consequences when a catfish solicits minors for sexually explicit photos. Possession of those photos can lead to child pornography charges.

When catfishing turns into cyberbullying, the victim may have a civil case for the intentional infliction of emotional distress. But, plaintiffs in these cases face an uphill battle. They must show that the catfish’s behavior was extreme or outrageous, beyond what we’d consider offensive or harmful in everyday life.

If You Send a Catfish Money

Sometimes a catfishing situation turns out to be a romance scam, a fraudulent scheme to steal money from someone by pretending to be in a romantic relationship. Someone running a romance scam uses fake online profiles to strike up relationships and build trust, then asks for money to pay for a fictional emergency.

Romance fraud has been one of the leading types of fraud for years and spiked even more during the COVID-19 pandemic. Around 24,000 people reported they were victims of romance scams to the FBI in 2021. Those catfishing cases account for nearly $1 billion in financial losses.

Using someone else’s financial information, like their bank account number or credit card info, is identity theft. Shimon Hayut, better known as Netflix’s “Tinder Swindler," was convicted of fraud after he convinced women he met on dating apps to open credit cards for him.

If a Catfish Uses Your Name or Photos

In some cases, a catfish will use a real person’s photos, name, and even details from their life to create a fake profile. Impersonating a real person can lead to serious trouble, like a civil lawsuit for defamation. If someone is pretending to be you online and hurting your reputation, find an attorney in your area to learn about your options.

Using someone else’s photos can also be considered a misuse of intellectual property.

Holding someone accountable for their catfishing requires finding out who they are. That’s why it’s essential to report scams and other damaging behavior to law enforcement. The FBI accepts reports of all romance scams, regardless of whether money was lost.

How Do I Know If Someone is Catfishing Me?

Be mindful of all online interactions. Scammers are everywhere, including dating sites. But there are a few red flags to watch for that are specific to catfishing:

• They refuse to meet you in person
• They promise to meet you in person, but then make excuses at the last minute
• They only text, no phone calls, video calls, or FaceTime
• The only photos they send are from social media profiles
• They ask for money

People do find love online all the time. But it’s best to err on the safe side and avoid sending money or gift cards to someone you haven’t met in person. If you’ve been the victim of catfishing, you have options – especially if you gave the person money. You can report illegal activity to law enforcement and speak to an attorney about your other options.

An Attorney Can Help You Deal With a Catfish

Being dishonest about who you are on a dating or social media site is unethical. But, it isn’t necessarily illegal. Sometimes the line between manipulation and fraud isn’t always clear.  Or, you may be the unwitting inspiration of a catfish’s fake persona and find your photos or intellectual property misused without your consent.

An attorney can look at your specific circumstances and the harm caused to determine whether you have a legal claim against a catfish. They can assess for fraud, emotional distress, defamation, intellectual property infringement, or other potential grounds to sue. 

Contact a local intellectual property attorney or personal injury attorney for legal advice. Many attorneys offer free consultations.