Taking matters into their own hands: Examining online fraud victims’ needs and motivations for pursuing civil litigation

Online fraud poses a significant global threat with profound consequences for victims, organisations and society. Despite its high prevalence and impact, law enforcement faces challenges in effectively addressing online fraud. In addition to reporting to the police, victims can pursue civil litigation to recover financial damages. In the Netherlands, opportunities for pursuing civil action have expanded since 2021. To facilitate damage recovery, the Dutch police and financial service providers, under certain conditions, refer victims to civil legal representatives. However, no research has been devoted to the civil settlement of online fraud. Based on 50 interviews with individuals who initiated civil proceedings, this study explores victims’ motivations for pursuing civil litigation and assesses how these motivations align with online crime victims’ needs identified in previous research. Respondents primarily pursued civil action for financial reasons (to recover losses), retributive motives (to deter or punish fraudsters) and out of a primary need (to protect others from future victimisation). Motivations rooted in emotional, informational or practical needs were only marginally present or even absent. Additional types of motivation were identified, potentially related to the lack of criminal prosecution. Finally, the findings indicate a potential discrepancy between victims’ expectations and the realities of pursuing civil litigation.