Serving Defendants via Social Media
Long-time subscribers to Constructive Notice may remember the 2011 item about Using Facebook for Service of Process. At that time, we noted that the practice seemed confined to Commonwealth countries, but that those interviewed for the article thought it may be used in the in the U.S. in the future.
It looks like the future may have arrived.
There is a bill pending in the Texas House of Representatives that would permit substitute service on defendants using social media. The bill, HB No. 1989, permits a court to prescribe service by “an electronic communication sent to the defendant through a social media website if the court finds that:
(1) the defendant maintains a social media page on that website;
(2) the profile on the social media page is the profile of the defendant;
(3) the defendant regularly accesses the social media page account; and
(4) the defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant’s account.”
You can read the full text here.