Friday, May 20, 2016

Legal Ramifications of Catfishing

What is Catfishing?

Whenever codfish are shipped, they quit moving, their flesh goes soft, so it's not flavorful when it reaches its destination. Due to this, shippers started putting catfish in the container, since it kept the codfish swimming around.

"Catfishing" happens when one person claims to be someone else by using another person's photo or other characteristics in order to mislead the target into getting involved in a connection with that person. In most situations, the person pretending to be another individual utilizes social media profiles with the other person's images and various other information. The relationship could be extended via telephone calls, social media contact and many other non-physical kinds of interaction to prevent the victim from learning that the individual who is contacting him or her is not the same as the person the individual is depicting.

The term comes from a 2010 documentary about New Yorker Nev Schulman uncovering a woman named Megan that he met online. Despite the fact that they talked on the phone, texted, and swapped many messages, when he met her face to face, she ended up being a totally different person compared to how she had presented herself over the internet. She had actually gone so far as to invent a system of social media accounts to sustain the fake character, including a fictional sister, parents, and friends.

MTV turned the film into a television series in which Schulman assists people in figuring out if they too are being scammed by people who they have met online. It's worth noting that when he coined the term "catfish," Schulman didn't necessarily suggest it derogatorily; it was a reference to that previously mentioned fact that they are added to tanks to keep other fish moving. "Catfish keep us on our toes," Schulman said. "Life without them would be less interesting."

Indicators of Being Catfished

Some dead giveaways of catfishing may include the following:
  • People that are excessively reluctant about sending photos of themselves. Being careful is always a good thing yet at a certain point, this behavior should raise skepticism.
  • Someone has sent pictures yet claims to not have a webcam. It's very easy to download photos of anonymous people on the internet. If the other person makes excessive excuses why they can not video chat with you, this can be an indicator that they might be lying to you.
  • People who have a brand new Facebook account with merely a few people labeled as friends.

While none of these particular behaviors are guarantees the person is catfishing, they should still be looked at skeptically. This is especially true if two or more are present. When you interact online, just recognize warning signs that you could encounter. You can never be too safe on the web.

What to Do if You Suspect You’ve Been Catfished

Because this terminology and series of events are new to the country, there are not specified laws that specifically account for catfishing. Nevertheless, existing state or government laws might provide a grounds when it comes to recovery. Possible legal theories that catfishing may implicate may include fraudulence, willful infliction of mental distress, misappropriation of likeness, defamation, stalking, and harassment. Since every case is different, and depends on state laws which might call for a showing of different elements, an injured party might wish to discuss his or her case and circumstances with a legal professional.


The offices of Schmidt & Gladstone have over 18 years of experience in numerous areas of the law. Contact us today for a free 30-minute consultation to see if we can help.