AI and deepfake scams arise when criminals use artificial intelligence (AI) to convincingly clone another individual’s voice, face, and personal information. A fraudster will often use these scams for fake job interviews, imposter hoaxes, and synthetic video calls in order to steal money or corporate credentials.
Scammers can also use short audio samples in order to clone the voice of family members to scam someone in a fake emergency. Deepfake videos may be used to mimic bank representatives or business executives in order to trick the victim into wiring money.
AI/deepfake scams can also intersect with intellectual property law because of the unauthorized use of an individual’s image, identity, or voice. In some instances, AI impersonation may implicate state right-of-publicity laws, which can protect against unauthorized commercial use of a person’s name, image, likeness, or voice.
Another type of AI/deepfake scam that may arise is when it is used to create fake evidence, such as with deepfakes in family law. Deepfakes in family law cases, such as voicemails or videos, may be used to damage the other parent’s credibility, change child support awards, and even change custody decisions.
What Are Some Common Forms of AI/Deepfake Impersonation Scams?
There are many different forms of AI/deepfake impersonation scams, which are discussed below.
AI-Generated Voice Scams
Artificial intelligence can allow scammers to create convincing voice imitations using only short voice audio samples. These types of calls often sound like family members, coworkers, or supervisors, and often include urgent requests for sensitive information or funds.
Smooshing: When an Individual’s Phone Number is the Target
Smooshing is an emerging form of SIM swap fraud. Scammers try to take control of someone’s phone number by convincing a carrier to transfer it to a different device. After the scammer has done so, they can intercept information, such as security codes, password reset messages, and account alerts.
QR Code Tampering or Quishing
Because QR (Quick Response) codes have become common methods for making payments and accessing events, scammers have started placing stickers over legitimate QR codes that lead individuals to fraudulent websites that collect their payment details or login information.
This is a form of a phishing scam that involves using QR codes to steal information. If you have questions such as “what is a phishing scam?” or other related inquiries, you should contact a lawyer to determine if you have been affected.
Fake Job Listings
Criminals may post fake job listings that advertise remote work or quick income. These roles often involve depositing checks, moving money, or processing payments through the individual’s personal bank account.
Deepfake Impersonation Scam
Some types of scams may use realistic messages, images, or videos to impersonate family members, business owners, or executives. The requests can appear believable and professional; however, they are designed to pressure fast action from an individual without verification.
What Are the Legal Consequences for AI/Deepfake Scams?
AI and deepfake scams may result in severe criminal penalties as well as civil liabilities. Scammers may face felony charges, extensive incarceration time, and substantial fines. Examples of criminal charges scammers can face include wire fraud, grand larceny, and identity theft.
The Federal Trade Commission Act may authorize the pursuit of civil enforcement against unfair or deceptive acts or practices, while other federal and state criminal laws may apply to scam-related conduct. Additionally, some state digital forgery laws provide additional criminal penalties for using artificial intelligence to defraud residents; applicable rules may vary by jurisdiction.
Wire fraud and criminal identity theft can be prosecuted under federal and state laws, depending on the circumstances. This means that the penalties a scammer can face will vary depending on the circumstances of the offense. Federal laws provide for punishments of up to 20 years in prison and no more than $1,000,000 in criminal fines, or a combination of both, for each act of criminal fraud, depending on the facts of the case.
A defendant convicted of identity theft may face a variety of potential punishments, such as incarceration, criminal fines, restitution, and forfeiture of property related to the offense.
Civil lawsuits can help victims recover compensation for their financial losses and reputational damage. This can be done by freezing assets and recovering stolen funds.
How Can I Avoid Being a Victim of an AI/Deepfake Scam?
There are numerous steps an individual can take to avoid being a victim of an AI/deepfake scam. It can be helpful to establish a code word with friends and family members to ensure an individual knows that is actually who they are speaking with. Additionally, an individual can call them back at a familiar phone number to ensure that is who they are talking to.
One clue that a scam may be in progress is that the caller is trying to get the individual to take action quickly without thinking. In these cases, an individual should take their time and ask plenty of questions. If the scam is a job offer, it is important to be aware that legitimate companies will not require payment using gift cards, cryptocurrency, or wire transfers.
If the communications are being done in video form, there are things an individual can look for to avoid a scam. Certain issues, such as jerky movements, the speaker’s mouth not matching the sound, strange lighting, or unnatural blinking, may indicate that the video is a fake.
There may also be other clues, including choppy audio, strange pauses, or robotic voices. The scammer may also request that the individual keep their request a secret.
A third common way scams are perpetrated is through email and phone numbers that appear to be from an individual’s bank or place of work. It is essential for an individual to always check for the latest scam warnings. It can also be helpful to contact the bank or workplace directly instead of following the links provided.
Scammers can also use media, such as videos, photos, and voice clips, that individuals post online to build deepfakes. Because of this, it is always important to keep social media accounts private.
How Do I Report and Respond to an AI/Deepfake Scam?
If an individual is a victim of an AI/deepfake scam, they may be wondering how to report a scam. To begin, they should immediately stop communicating with the scammers. Next, they should secure their finances by contacting their bank.
After this, they should report the fraud or internet fraud to the FBI Internet Crime Complaint Center and the Federal Trade Commission. It is important to then secure any accounts by changing passwords, enabling multi-factor authentication, and potentially freezing credit to prevent identity theft.
An individual can also file a formal report with local law enforcement to provide to their bank. It is also important to dispute any charges and stop payments as soon as possible.
If the AI/deepfake scam involved social media, it is important to report the scam to the social media platform or to the website administrator.
How Can an Attorney Help Me if I’ve Been Scammed?
An attorney can help an individual who has been scammed by gathering evidence, tracing any stolen funds, and filing lawsuits against any scammers. AI disputes lawyers have access to tools such as subpoenas that can identify scammers and hold third parties accountable.
Attorneys can also draft formal demand letters to request that the money be returned. If the funds are not returned, an attorney can file an AI lawsuit in the proper court for a scam victim so they can attempt to get the money back that was taken from them.
An attorney can also help an overwhelmed individual who has been a victim properly report the scam, ensure their rights and accounts are protected, and protect their credit.
Should I Hire a Lawyer for Help with an AI/Deepfake Scam Issue?
Yes, it is essential to reach out to a local attorney for assistance with an AI/deepfake scam issue. A criminal lawyer can help with all aspects and consequences of the scam and the steps needed to recover.
LegalMatch gives you access to no-cost lawyer-matching services that you can use in just a short amount of time. You can complete the intake process to submit your AI/deepfake claim issue or question and be matched with a lawyer in your area who is ready to help.
