When discussing the litigation challenges deepfake technology poses, one typically thinks of difficulties protecting individual privacy rights, complications prosecuting anonymous actors, the lack of law regulating deepfake usage outside commercial context, and authentication and evidentiary issues. Less prevalent is a discussion of potential liability companies face for fraud perpetrated on their customers. Yet, the proliferation of deepfake fraud has hit the corporate world at a time when courts are more willing to hold companies responsible for protecting their customers from fraudsters. In addition to protecting against fraud on the company, businesses are also well advised to protect their customers as well.
