but okay, let's see what the dictionary says.
scams involve fraud or deceit. both
fraud and
deceit require the existence of another person---the victim who is "defrauded" or "deceived." if fraud or deception doesn't occur, then all a potential scammer did was think some thoughts. this is why legally
fraud torts can't exist without a victim. the juxtaposition in that article between "fraud" and "hoax" points out the requisite factors:
A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim.
I think it is ridiculous that you have to wait until
after a scam has occurred to do something about it. The idea of that is simply ridiculous: prophylactic action should be made to prevent the possibility of having
any victims. From a utilitarian perspective, wouldn't you rather have 0 victims as opposed to 1?