Social media has grown from wellness bloggers and sharing family photos to a communication behemoth responsible for keeping the world connected. Social media’s ability to inform the masses is impressive but sometimes scary. A common question asked is whether or not social media is an appropriate channel to handle legal matters. The answer is both yes and no. Social media has long been used by process servers to gather information about a target or even contact them to set up a meeting. However, officials do frown upon sending the actual service documents via social media platforms because of privacy, security, and reliability issues.
Privacy Concerns
Increasing scrutiny into the privacy practices of social media sites has led to an uptick in privacy-focused updates to the platforms. Social media users now have comprehensive privacy controls that allow audience restrictions on a post-by-post basis. It is not against the law to serve someone while others can see or hear, but most targets prefer discretion. You will get calmer reactions from targets if you are conscientious about their privacy, and serving via social media presents some significant challenges to this.
Security Concerns
Even with all the privacy controls and protocols in place, how do you know the intended target is actually the person seeing your messages? Their password could be hacked, they may have given access to a friend or partner, or maybe they forgot to log out after using a public computer. Messages may be deleted before being seen by the intended recipient. Even with implementing two-factor authentication services on most major social media platforms, the chance that another person may have access to the target’s profile or account is still troublesome for service of process matters.
Proof of Service Concerns
With no formal return receipt program in place, process servers would rely heavily on the small “Read” notification under the message and a screenshot for proof of service. Because of the security concerns mentioned above, this does not guarantee that the message was delivered or read by the intended party. The US Constitution guarantees that persons being summoned to court have adequate notice and time to prepare, but with current social media messaging features it is impossible for the process server to know that the intended target received any of the messages or documents. A more robust proof of service feature is needed for typical process service via social media.
Because of the concerns outlined above, service of process via social media in Florida is not allowed, except in cases of service by publication.
Service by Publication
Service by publication occurs when the process server cannot locate the target after many documented attempts. Service by publication must be first approved by a judge in the judicial circuit where service is being attempted. Before approving the service by publication request, the judge will want documentation of all previous service attempts and their outcomes. Just 2 or 3 attempts will not be enough. You will have to provide proof of many attempts in several locations to confirm that you’ve earnestly attempted to find the target through traditional means. Once the judge approves your service by publication request, you may post the information about the process in public spaces, including social media.
However, the target’s profile itself is not considered a public space. You’ll need to join public social media groups local to the target’s last known address and post the information there. Well-prepared process servers will take time to join all local information and announcement groups for the areas they serve ahead of time. Just be sure that you’re following the rules of the group when posting. You may also post the information on your own public profiles and pages that clearly identify you as a process server. However, do not forget that the postings must stay up for at least 32 consecutive days to meet the requirements for service by publication.
Our expert team at Accurate Serve in Plantation, Key West, Miami, and West Palm Beach will make sure the process in your case is served in compliance with all of Florida’s process server laws. Our offices cover all of Florida’s judicial circuits, so you won’t have to worry about jurisdiction or approval issues. Whether it’s traditional in-person service or service by publication, we have the technology, resources, and expertise necessary to get the job done right. Visit www.accurateserveplantation.com to contact the south Florida office nearest to you.
