Law360 Guest Article: New Facebook Notification: 'You've Been Served'

04/02/2013


In March, a bill was introduced in the Texas legislature that would permit Texas state courts to authorize service of legal process via social media. Just a few days later, a U.S. district court in New York ordered that the plaintiff may serve documents, other than the summons and complaint, on defendants located abroad via email and social media. FTC v. PCCare247 Inc., No. 12-CIV-7189 (PAE) (S.D.N.Y. Mar. 7, 2013).

This appears to be the first time that a U.S. district court has authorized service via social media (albeit as a backup to email service). This is an important development, as an increasing number of U.S. litigations, especially those involving intellectual property rights, involve foreign litigants and service under international treaties can be slow and costly.

The Federal Trade Commission filed the case on Sept. 24, 2012, in the U.S. District Court for the Southern District of New York. The FTC alleges that several U.S.- and India-based individuals and companies have been tricking U.S. consumers into paying the defendants “to fix non-existent problems” with the consumers’ computers.

Excerpted from Law360, April 2, 2013. To view full article, click here (subscription required).

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