They can but the ability to scam will depend on demand. They need the start of a bull market or actual bull market. So it will probably be dormant during bears and lively during Bull markets. RIP to all those that get scammed into these things. Purists think they are paying fees this is fine, ok but that is going lead a lot of people to use shitcoins first because the fees priced them out of BTC. It's good though because forces us to get better with unboarding on to lightning and find ways to optimize on chain space. Look forward to next really high fee sustained environment its going push improvements and possible future innovation for scaling.