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Catfishing Bill Could Give Scamming Victims Legal Options

okhouse.gov

A proposed bill would give legal recourse to Oklahoma victims of catfishing, an online scheme where a predator steals another person’s persona and then tricks a victim into believing they are that person online in order to steal personal data and information.

State Rep. John Paul Jordan has filed House Bill 3024, the “Catfishing Liability Act of 2016,” which would allow people whose photos or videos are stolen to request an automatic injunction against the person using them. It would also allow those victims to request monetary damages, including a $500 minimum award in punitive damages.

“This is providing a direct remedy for the victims of Internet catfishing," said Rep. Jordan, R-Yukon. “In many cases, these people are severely disturbed predators. Their victims deserve a remedy. This bill is an attempt to provide that remedy through the least restrictive means possible.”

Jordan says that catfishing represents a legal gray area in Oklahoma and that judges would have little guidance on how to rule if such case ever came up in court.

“If we wait for Congress to act on this issue, too much time will have passed for today’s victims,” said Jordan. “In addition, as someone who has practiced in Federal Court, it is easier and more effective to seek a remedy at the state courthouse than at the federal courthouse.”

Popularized by MTV’s show Catfish, Internet catfishing is where a person knowingly uses another's name, voice, signature, photograph or likeness through social media to create false identities in attempts to lure victims into a relationship, normally romantic and sometimes financial.

“Just because you’re young doesn’t mean you should be a victim,” said Jordan. “This is something that disproportionately impacts millennials but can affect any age group. Unfortunately, people of all age groups are being purposely manipulated and strung along by these predators.”

The 2016 legislative session convenes on February 1.

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