Federal Court Doesn’t ‘Like” Service of Process via Facebook — Joe Hand Proms. v. Carrette
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People have mused about the inevitability of service of process via Facebook, but a recent decision shows that it may not be so quick to happen. (ABA Journal: “Our Pleasure to Serve You: More Lawyers Look to Social Networking Sites to Notify Defendants“.)
Joe Hand sued Carrette for unlawful broadcasting.
After several unsuccessful attempts at service, it sought permission to serve via Facebook.
The court says Rule 4(e) and (h) of the Federal Rules of Civil Procedure contemplate various methods of service, but alternate service via means not listed in Rule 4 is all about due process. Email has been allowed in cases but only where the plaintiff demonstrates that service via email is likely to reach the defendant. The court says that no US court has allowed service via Facebook only. (In one FTC case the FTC sought to serve via email and Facebook; the court allowed the request but noted that if the FTC sought to serve only via Facebook it may not have been amenable.) The court overall has concerns regarding the reliability of Facebook for notice:
Read original articleAnyone with an e-mail address can access Facebook and create a profile ‘using real, fake or incomplete information.’ As a practical matter, the court cannot verify that the Facebook profile supposedly belonging to a defendant is real unless the movant presents the court with adequate evidence proving its authenticity.
Tags: Facebook
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