united-states intellectual-property internet fraud
Is it legal to pose as a competitor&#39;s customer?
<p>If company X wants to find out information about company Y's online product, is it illegal for X to hire a contractor to pose as a customer using false details? Assuming no documents are signed, has fraud or any other offense been committed if the contractor gains access to non-public information (or to Y's product itself) if company Y would not have provided that access knowing the contractor was affiliated with company X? If so, who is the guilty party?</p>

<p>Online versus brick and mortar does not matter. It sounds like fraud. First, you are knowingly making a false representation of fact, and this is a material fact (that is, it matters to the other party whether you are a customer or not). Your falsehood is intended to get the other part to act on that false representation, and providing this information injures the other party. <a href="https://www.mitchell-attorneys.com/common-law-fraud" rel="nofollow noreferrer">This article</a> gives an overview of the elements of fraud. Signatures are not required for there to be fraud. It is not illegal to pose as a company's customer: it is illegal do so in order to get something that they would not have otherwise provided.</p>

<p>Before disclosing non-public information, the Second Company would very likely have the contractor/fake-customer sign a legally binding NDA agreement.</p>

<p>The disclosure of the non-public information back to the First Company would be a Breach of Contract.</p>

<p>If the Second Company somehow failed to get an NDA or MOU or other document in place, the fake-customer has no obligations to keep information they learned secret, nor even to represent themselves honestly and transparently.</p>

<p>Contrary to @user6726, I disagree that Fraud is supported.</p>
