Can You Sue Someone for Deepfake Fraud?

Artificial intelligence has created remarkable new tools, but it has also introduced risks that few anticipated. Among the most concerning developments is the rise of deepfakes—AI-generated videos, audio clips, or images that look and sound authentic but are entirely fabricated. Once thought of as science fiction, deepfakes are now used in scams, harassment, political misinformation, and nonconsensual pornography.

Depending on the facts of your case, you may be able to pursue civil claims for fraud, defamation, misappropriation of likeness, and other torts. In some cases, law enforcement may also pursue criminal charges. Contact our AI Privacy Lawyers to investigate your claim and to discuss taking legal action. 

What Exactly Is a Deepfake?

A deepfake is a digitally manipulated piece of media that uses machine learning to copy someone’s appearance, voice, or mannerisms. Because these fakes can be nearly indistinguishable from real footage, they are powerful tools for deception. Malicious uses may include:

• Scams in which executives or employees are impersonated to steal funds.

• Falsified videos that spread defamatory claims.

• Nonconsensual sexual content involving fabricated images.

• Political disinformation campaigns designed to sway voters.

The technology has legitimate uses in entertainment and research, but in the wrong hands, it enables unprecedented fraud and exploitation.

Because deepfakes look authentic, they can cause significant financial, reputational, and emotional harm. Therefore, many may seek legal recourse to right the course of the damage. Contact our lawyers to discuss your legal options. We offer free consultations for plaintiffs nationwide. 

Legal Options for Deepfake Victims

Although the law is still catching up with AI-generated content, victims already have several potential claims available under traditional tort and consumer protection principles:

• Fraud and Misrepresentation – If someone uses a deepfake to trick you into signing contracts, transferring funds, or disclosing private data, you may pursue civil fraud claims. Courts will consider whether there was intentional deception, reliance, and measurable harm.

• Defamation – A fake video suggesting illegal or immoral conduct can damage professional and personal reputations. Defamation suits allow recovery for reputational and economic losses.

• Misappropriation of Likeness / Right of Publicity – Using your voice or face without permission, particularly for profit, may violate privacy and publicity laws.

• Intentional Infliction of Emotional Distress – Deepfakes designed to humiliate, intimidate, or traumatize may give rise to claims for emotional and psychological damages.

• Cybercrime and Identity Theft Statutes – Many states (California, Virginia, Texas, New York) have begun drafting laws targeting deepfake misuse directly, especially where sexual exploitation or election interference is involved. Federal wire fraud and cybercrime laws may also apply.

Challenges in Deepfake Fraud Lawsuits

While legal remedies exist, deepfake lawsuits present unique obstacles, including the following:

• Unmasking anonymous creators – Many deepfakes are produced behind fake accounts or foreign servers, requiring subpoenas, forensic experts, and cooperation from platforms.

• Jurisdictional problems – If the perpetrator lives abroad, courts may face limits in enforcing judgments.

• Proof of harm – Judges require clear evidence of damages, which may include lost contracts, reputational damage, or emotional trauma.

• The speed of online distribution – Once a fake is shared widely, removing it completely is often impossible. Even if courts issue takedown orders, copies may circulate for years.

An experienced privacy and consumer fraud attorney can help overcome these hurdles by using legal tools such as injunctions, court orders for takedown, and subpoenas to online platforms.

What Damages Can Victims Recover?

Courts can award various remedies in deepfake cases, including:

• Compensation for direct financial losses.

• Reimbursement for reputational and professional harm.

• Emotional distress damages.

• Punitive damages in cases of malicious or reckless conduct.

• Injunctions requiring removal of content or preventing further distribution.

Frequently Asked Questions (FAQs)

Can I sue if someone makes a fake pornographic video of me?
Yes. Many states, including California and Virginia, have laws against nonconsensual pornographic deepfakes. You may also pursue civil claims for defamation, misappropriation, and intentional infliction of emotional distress.

What if the deepfake was used in a business scam?
If you or your company were tricked into wiring money or sharing confidential information, you may have a fraud claim and should report the matter to law enforcement as well.

Can I force websites or social media platforms to take down deepfakes?
Yes. Courts can issue injunctions requiring removal. Some platforms also have internal reporting mechanisms for synthetic or AI-generated harmful content.

What if I don’t know who made the deepfake?
Your attorney may file a lawsuit against “John Doe” defendants and use subpoenas to identify the creator through IP addresses, email records, or platform account data.

Are there criminal penalties for creating deepfakes?
Yes. Depending on the context, deepfake creators may face charges for cybercrime, wire fraud, identity theft, harassment, or election interference.

Why Hire The Lyon Firm for Deepfake Fraud Cases?

Deepfake litigation is complex. Unlike traditional fraud or defamation cases, these claims involve cutting-edge technology, forensic evidence, and rapidly evolving laws. At The Lyon Firm we have extensive experience handling complex fraud, cybercrime, defamation, and privacy lawsuits. Our team can guide you through the following tasks:

• Investigating and identifying anonymous perpetrators using advanced digital discovery tools.

• Working with forensic and cyber experts to prove the authenticity and impact of deepfakes.

• Pursing aggressive civil litigation to recover damages and securing court-ordered takedowns.

• Providing compassionate support to victims suffering reputational and emotional harm.

We understand that deepfake fraud is not only a legal battle but also a personal and emotional crisis. Our firm is dedicated to helping victims restore their reputations, recover financial losses, and hold wrongdoers accountable.