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Deepfake Lawsuits

You can sue over a sexual deepfake in many cases. Federal law, a growing list of state laws, and a few landmark lawsuits now give victims ways to go after the person who made or shared a fake image, and sometimes the app or website that produced it.

By the CITA Editorial TeamUpdated November 7, 202613 min read

The law is still catching up. Some protections are clear and in force today. Others are pending in Congress or being fought in court. This guide sorts out which is which, as of November 2026.

Fast Facts About Deepfake Lawsuits

  • The federal TAKE IT DOWN Act, signed May 19, 2025, makes it a crime to knowingly publish sexual “digital forgeries” of real people online. The maximum sentence is 3 years in prison when the victim is a minor.[1]
  • Since May 19, 2026, covered platforms must remove a reported intimate image, including an AI fake, within 48 hours of a valid request. The FTC enforces this rule.[1][2]
  • A 2022 federal law lets victims sue a person who shared their intimate images without consent for actual damages or $150,000, plus attorney’s fees.[5]
  • The DEFIANCE Act, which would expressly cover sexual deepfakes, passed the Senate on January 13, 2026. It has not passed the House.[6]
  • Minnesota banned nudify apps and websites outright, effective August 1, 2026, with civil penalties of up to $500,000 per use.[8]
  • Texas lets victims sue the owners of nudification apps and payment processors that recklessly enable sexual deepfakes.[10]
  • San Francisco’s 2024 lawsuit against 16 nudify websites had taken 10 of them offline by June 2025.[16]

Who Can You Sue Over a Deepfake?

Most deepfake cases point at one of three targets. Each comes with different laws and different odds.

  • The person who made or shared the image. This is the most direct claim. Federal law and most state laws reach the person who creates or distributes a sexual image of someone without consent.[5][13]
  • The app or website that generated it. Nudify services are now being sued by cities, by companies, and by victims. Texas and California law specifically reach some of these businesses.[10][11][15]
  • A platform that keeps hosting it. Under the TAKE IT DOWN Act, platforms that ignore a valid removal request face FTC enforcement. That law does not give victims their own right to sue the platform.[1][3]

Schools have also been sued when families say staff failed to act on reports of fake images. Those cases depend heavily on state law and the facts of each case.[22]

The TAKE IT DOWN Act Covers AI Fakes

The TAKE IT DOWN Act is the first federal law written with AI-made sexual images in mind. It calls them “digital forgeries” and defines them as intimate images of an identifiable person made with software, machine learning, or AI that look real to a reasonable viewer.[1]

The law does two things.

It Makes Publishing Sexual Deepfakes a Crime

  • Knowingly publishing a sexual digital forgery of an adult without consent carries up to 2 years in prison.[1]
  • When the person shown is a minor, the maximum rises to 3 years.[1]
  • Threatening to publish one, for example to extort or intimidate someone, is also a crime.[1]
  • Agreeing to have a photo taken is not agreement to have it published.[1]
  • Courts must order restitution to victims after a conviction.[1]

According to news reports, the first person sentenced in a case that included a TAKE IT DOWN Act charge was an Ohio man who received 15 years in September 2026. His sentence covered several crimes, including cyberstalking and AI-generated child sexual abuse material.[30]

It Forces Platforms to Remove Reported Images in 48 Hours

Since May 19, 2026, public websites and apps that host user content must run a notice-and-removal process. Once they receive a valid request, they have 48 hours to remove the image and must make reasonable efforts to remove known identical copies.[1][2]

A valid request must be in writing and include:

  • your signature (or the signature of someone authorized to act for you);
  • enough information for the platform to find the image;
  • a short statement that you believe in good faith the image is not consensual;
  • a way for the platform to contact you.[1]

You do not need an account on the platform to make a request. Platforms that fail to comply can face civil penalties of up to $53,088 per violation. If a platform ignores you, you can complain to the FTC at TakeItDown.ftc.gov.[2][3]

Before the deadline, the FTC sent letters to 15 companies, including Meta, Apple, Alphabet, Microsoft, Snapchat, TikTok, Discord, Reddit, and X, reminding them to comply. The day after enforcement began, the FTC sent warning letters to 12 companies offering “nudify” tools. As of early November 2026, no public FTC enforcement action against a named platform had been announced.[4][32]

For a full walkthrough of the law, see our TAKE IT DOWN Act guide.

Suing Under Federal Law

The 2022 Law for Images Shared Without Consent

Since October 1, 2022, federal law has let a person sue someone who shared their intimate images without consent, when the sharer knew or recklessly ignored the lack of consent.[5]

  • Money. Victims can recover their actual damages or $150,000 in liquidated damages, plus the cost of the lawsuit and attorney’s fees.[5]
  • Court orders. A court can order the person to stop displaying or sharing the image.[5]
  • Privacy. A court can let the victim sue under a pseudonym.[5]
  • Minors. A parent or legal guardian can bring the claim for a child.[5]

The catch is that the law was written for real images. It does not mention AI-generated or altered images, and no court has yet ruled on whether it covers them. Lawyers are already using it in deepfake cases, including the ClothOff lawsuit described below.[5][19]

The DEFIANCE Act Would Close That Gap

The DEFIANCE Act would add “intimate digital forgery” to the same federal law, so there would be no question that sexual deepfakes are covered. Its main terms:

  • It would cover anyone who knowingly produced, shared, or solicited a sexual deepfake, or who possessed one intending to share it.[7]
  • Liquidated damages would be $150,000, or $250,000 when the fake is tied to sexual assault, stalking, or harassment. Punitive damages would also be available.[7]
  • A label saying the image is fake would not be a defense.[7]
  • Victims would have 10 years to sue, counted from when they discovered the image or turned 18, whichever is later.[7]

The Senate passed the bill unanimously on January 13, 2026. As of the latest official record, the House had not acted on it, so it is not law. Some websites say victims can sue under the DEFIANCE Act today. That is not correct.[6]

State Deepfake Laws

Most states now have some law on sexual deepfakes, but the laws vary widely. Some are criminal only, some give victims a right to sue, and some protect only minors.

  • Public Citizen’s state tracker, updated October 5, 2026, lists enacted intimate-deepfake laws in about 48 states.[13]
  • A separate tracker from Enough Abuse counts 47 states that criminalize AI-generated or computer-edited child sexual abuse material, as of September 2026.[14]

Four states stand out for victims thinking about a lawsuit.

StateLawWhat it does for victims
MinnesotaHF 1606, effective Aug. 1, 2026Bans letting users access or use nudify apps and sites. Civil penalties of up to $500,000 per use, and people depicted can sue for damages.[8]
TexasSB 441, effective Sept. 1, 2025Victims can sue nudification-app owners and payment processors that recklessly enable the images. Websites must remove material within 72 hours of a request. Victims have 10 years to sue.[10]
CaliforniaAB 621, signed Oct. 13, 2025Statutory damages of $1,500 to $50,000, or up to $250,000 for malicious violations. Anyone who knowingly or recklessly helps a deepfake porn service can also be liable.[11]
New JerseyP.L. 2025, c.40, approved Apr. 2, 2025Victims can sue for actual damages, with at least $1,000 per knowing or reckless violation, plus punitive damages. No criminal conviction is needed first.[12]

Minnesota’s law is already being tested. xAI, the company behind Grok, sued to block it. According to news reports, a federal judge refused to put the law on hold on August 1, 2026, and the case continues.[9]

Lawsuits Against Nudify Apps and Websites

San Francisco v. 16 Nudify Websites

In August 2024, the San Francisco City Attorney sued the operators of 16 of the most-visited nudify websites. Together the sites drew more than 200 million visits in the first six months of 2024. The city alleges they violated state and federal laws against deepfake pornography, revenge pornography, and child pornography.[15]

By June 2025:

  • 10 of the sites were offline or blocked in California;
  • one operator, Briver LLC, had agreed to a permanent ban on running these sites and $100,000 in civil penalties;
  • the case continued against the remaining defendants in San Francisco Superior Court.[16]

In September 2026, the City Attorney also sent Meta a cease-and-desist letter over paid ads containing apparent AI-generated child sexual abuse material, many of them promoting nudify apps.[17]

The ClothOff Lawsuit in New Jersey

In October 2025, a New Jersey teenager sued the company behind ClothOff, an app she says markets itself as able to “undress anyone.” Her complaint says a fully clothed photo from her Instagram account was used to make a fake nude image.[19]

The suit seeks damages under federal law, deletion of the images, a shutdown of the service, and orders binding the hosts, payment processors, and platforms that keep it running. As of January 2026, her lawyers were still trying to serve the defendants, who are believed to be overseas.[19][20]

The case shows a hard truth about these lawsuits. When an app is run from another country, finding and serving the owners can take longer than the harm itself.

Meta v. the Maker of CrushAI

In June 2025, Meta sued the Hong Kong company behind the CrushAI nudify apps. Meta says the company repeatedly tried to get around its ad review to advertise on Facebook and Instagram. Meta has also shared more than 3,800 nudify app and site URLs with other tech companies.[18]

Lawsuits Against xAI Over Grok

Since January 2026, xAI has faced individual lawsuits, class actions on behalf of minors, and a suit by the City of Baltimore over sexualized images made with its Grok chatbot. Those cases are covered in our Grok lawsuit guide.

When Students Are Targeted

Many sexual deepfakes of teens are made by classmates. Families have sued both the students who made the images and, in some cases, the school.

  • Westfield, New Jersey. In 2024, a 15-year-old sued a male classmate in federal court after police did not file charges, according to news reports. She sought $150,000 for each disclosure of a fake nude image.[21]
  • Lancaster, Pennsylvania. In June 2026, families of 13 students sued Lancaster Country Day School in federal court. They allege the school failed to notify police after a 2023 tip about AI nude images of students, which reportedly grew to about 350 images of 59 girls. The school says it is not liable for crimes committed by two former students.[22]

These cases are still allegations. Whether a school can be held responsible depends on what staff knew, when they knew it, and what state law requires.

Suing the Person Who Made the Image

A lawsuit against the person who made or shared a fake is often the most realistic option, because that person is usually in the United States and easier to identify than an overseas app owner.

Courts have started awarding damages. In December 2025, a Miami federal jury awarded Megan Thee Stallion $75,000 against a blogger, in part under a new Florida law that allows lawsuits over manipulated sexual images, according to news reports.[23]

Whether a lawsuit makes sense depends on whether the person can pay a judgment. A criminal case can still lead to court-ordered restitution under the TAKE IT DOWN Act and some state laws.[1][10]

Voice Clones and Election Deepfakes

Not every deepfake lawsuit is about sexual images. Voice actors, public figures, and voters have brought cases over cloned voices and fake political ads.

These cases face a tougher legal road. In August 2025, a federal court in California struck down a state law aimed at deceptive election deepfakes, finding it targeted constitutionally protected speech.[24] Free-speech challenges like this one are a reason deepfake laws keep being tested in court.

What to Do Right Now if You or Your Child Is a Victim

Save Information, Not the Images

Write down the links, usernames, account names, platforms, and dates. Note who shared the image and where. The FBI advises victims to keep all information about the incident and report it right away.[29]

If the person shown is under 18, do not download, screenshot, or forward the image, even to report it. Federal law treats realistic computer-generated sexual images of children as child sexual abuse material.[31] Let NCMEC or the police collect the content.

Report It

  • A child is shown: report to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678. Teens can report images of themselves.[28]
  • Threats or extortion: report to the FBI at ic3.gov or your local FBI field office.[29]
  • A platform won’t remove it: send a written TAKE IT DOWN Act request, then complain to the FTC at TakeItDown.ftc.gov if it is not removed within 48 hours.[1][2]

Get It Removed

  • Under 18 in the image: use NCMEC’s Take It Down. It covers AI-generated images. It creates a digital fingerprint on your device, so the image never leaves your phone or computer, and participating platforms use that fingerprint to find and remove copies.[25][26]
  • 18 or older in the image: use StopNCII.org, which works the same way and includes deepfakes.[27]

Both tools work only on participating platforms, and edited versions of an image may need their own fingerprint.[25][27]

Talk to a Lawyer Early

Deadlines, the right court, and the right defendant all depend on where you live and who made the image. A lawyer who handles nonconsensual image cases can tell you which federal and state laws apply. Ask about suing under a pseudonym, and ask whether the lawyer works on contingency.

Frequently Asked Questions

Can you sue someone for making a deepfake of you?

Often, yes. Many states let victims sue the person who made or shared a sexual deepfake, and federal law lets victims sue over intimate images shared without consent. Whether the federal law covers AI fakes has not been decided in court yet.[5][13]

Can you sue the app that made the deepfake?

Sometimes. Texas law lets victims sue nudification-app owners, and California law reaches services that help create deepfake porn. In practice, many of these apps are run from overseas, which makes them hard to serve and collect from.[10][11][20]

Can I sue a platform under the TAKE IT DOWN Act?

No. The TAKE IT DOWN Act is enforced by the FTC, not through private lawsuits. If a platform ignores your removal request, file a complaint at TakeItDown.ftc.gov.[1][2]

Can I stay anonymous if I sue?

Courts can allow it. The federal law on intimate images lets courts protect a plaintiff who uses a pseudonym, and Texas law also allows it.[5][10]

Is the DEFIANCE Act law yet?

No. It passed the Senate on January 13, 2026, but the House had not passed it as of the latest official record.[6]

Is it illegal to make a deepfake nude of a minor?

Yes. Federal law treats realistic computer-generated sexual images of children as child sexual abuse material, and 47 states also criminalize AI-generated child sexual abuse material.[14][31]

Other Tech Harm Lawsuits Parents Ask About

Sources

  1. TAKE IT DOWN Act, Public Law 119-12 (May 19, 2025). U.S. Government Publishing Office.
  2. FTC Begins Enforcing the TAKE IT DOWN Act. Federal Trade Commission, May 19, 2026.
  3. Complying With the TAKE IT DOWN Act. Federal Trade Commission business guidance.
  4. FTC Chairman Ferguson Advises Companies to Comply With the TAKE IT DOWN Act. Federal Trade Commission, May 2026.
  5. 15 U.S.C. § 6851, Civil action relating to disclosure of intimate images. Legal Information Institute, Cornell Law School.
  6. S. 1837, DEFIANCE Act of 2025, bill status. U.S. Government Publishing Office.
  7. S. 1837, DEFIANCE Act, engrossed in the Senate. U.S. Government Publishing Office.
  8. New law bans nudification websites and apps. Minnesota House of Representatives Public Information Services, 2026.
  9. Judge denies xAI’s request to block Minnesota ban on nudify apps. TechCrunch, August 1, 2026.
  10. Texas SB 441, 89th Legislature, enrolled text. Texas Legislature Online.
  11. California AB 621 (Chapter 673, Statutes of 2025). CalMatters Digital Democracy.
  12. New Jersey P.L. 2025, Chapter 40. New Jersey Legislature.
  13. Tracker: State Legislation on Intimate Deepfakes. Public Citizen, updated October 5, 2026.
  14. State Laws Criminalizing AI-Generated or Computer-Edited CSAM. Enough Abuse, September 2026.
  15. City Attorney sues most-visited websites that create nonconsensual deepfake pornography. City and County of San Francisco, August 15, 2024.
  16. City Attorney shuts down 10 websites that create nonconsensual deepfake pornography. City and County of San Francisco, June 2, 2025.
  17. Letter from City Attorney David Chiu to Meta regarding AI-generated CSAM advertisements. San Francisco City Attorney, September 9, 2026.
  18. Taking Action Against Nudify Apps. Meta, June 12, 2025.
  19. Jane Doe v. AI/Robotics Venture Strategy 3 Ltd., No. 2:25-cv-16671 (D.N.J.), complaint. Filed October 16, 2025.
  20. A New Jersey lawsuit shows how hard it is to fight deepfake porn. TechCrunch, January 12, 2026.
  21. New Jersey teen sues classmate for allegedly creating, sharing fake AI nudes. CBS News, February 2024.
  22. Country Day not liable for crimes of 2 former students who made AI deepfakes. LancasterOnline, July 27, 2026.
  23. Megan Thee Stallion defamation case verdict. CBS Miami, December 2025.
  24. California law restricting materially deceptive election-related deepfakes violates First Amendment (Kohls v. Bonta). The Volokh Conspiracy, August 29, 2025.
  25. Take It Down. National Center for Missing & Exploited Children.
  26. Generative AI. National Center for Missing & Exploited Children.
  27. StopNCII.org FAQ. StopNCII.org.
  28. CyberTipline. National Center for Missing & Exploited Children.
  29. Malicious Actors Manipulating Photos and Videos to Create Explicit Content and Sextortion Schemes. FBI Internet Crime Complaint Center, June 5, 2023.
  30. First Take It Down Act sentencing. 404 Media, September 2026.
  31. Child Sexual Abuse Material Created by Generative AI and Similar Online Tools is Illegal. FBI Internet Crime Complaint Center, March 29, 2024.
  32. FTC Sends Warning Letters to Companies About Compliance with the TAKE IT DOWN Act. Federal Trade Commission, May 20, 2026.

About this information

We are not a party to any of these lawsuits, and we are not a law firm. We follow these cases through public documents, such as court filings, court orders and government press releases, and describe them to the best of our understanding as of the last update to this page. Cases change quickly, so some details may have changed since. Nothing on this page is legal advice. Apple, Microsoft, Snapchat and other product and company names mentioned here are trademarks or registered trademarks of their respective owners. We are not affiliated with any company named in these lawsuits.

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