Connect with us

Social Media

Should it be legal to serve divorce papers on Facebook?

(SOCIAL MEDIA NEWS) For those unlucky in love, Facebook offers a way to be told that your marriage is over: the electronic delivery of divorce papers.

Published

on

facebook divorce

You’ve been served

Since its beginnings in a Harvard dorm room in 2004, we’ve increasingly come to rely on Facebook for a multitude of services through its core brand, as well as its multiple acquisitions.

Want to stay in touch with old friends and make new ones? It’s got it. Take and share multitudes of photos in your daily life, documenting the sublime to the banal? It’s got that, too. Virtual reality? Yes, even that.

And, for those unlucky in love, Facebook offers a way to be told that your marriage is over: the electronic delivery of divorce papers.

bar

The traditional way

To be fair, Facebook — and the law — doesn’t discriminate as to which kind of process service you receive on the platform. So, instead of divorce papers, it might well be a notice that you’re being sued by a neighbor. And, to be fair, Facebook or other social media sites won’t be the first step taken to contact you.

We’re familiar with the trope of the process server. He hangs about outside of the house or office of the soon-to-be-served, resorting to subterfuge when necessary to get the signature he needs on the documents, saying “You’ve been served,” as the papers flutter into the hands of the sued.

Very little of this is close to a true depiction of what life is like for the process server, but the image persists. In some instances however, it is accurate.

It’s not hard to imagine the lengths people might go to avoid being sued. Accurate and timely service of process of a complaint is crucial to ensure the potential defendant in a proceeding knows they are being sued, and has the fullest ability to respond to the claims against them.

A new precedent

If you’re being sued, you can expect the courts to attempt to notify you through traditional methods like in-person service or through certified mail. However, when neither of those methods prove fruitful, courts may allow the plaintiff to attempt to serve you through substituted or alternative service methods, including electronic service.

A decade ago, using e-mail to provide service of process was a novelty. Courts fretted over this, as they were uncertain about the reliability and the ubiquitousness of the method. However, as we’ve seen, the overwhelming majority of Americans regularly check their e-mail accounts.

Using e-mail to provide notification to parties in a case is now a regularly accepted tool.

With the continued expansion of social media sites, such as Facebook, one could argue an expansion of process service to include those sites would ensure people are notified in a reliable way.

Working for the read receipt

“The desire to give actual notice is at the heart of service. The strongest argument for effectuating service of process through social media — Facebook in particular — is that, in many cases, the likelihood of the defendant receiving actual notice is extremely high because users of social media typically access their accounts regularly,” writes Keely Knapp, JD, in the Louisiana Law Review. “Moreover, through social media the plaintiff has the ability to gauge a defendant’s interaction on the account, which makes assessing the chance of actually receiving notice even more accurate.”

bar
Think about it for a moment. If the process server can verify you logged into your Facebook or other social media account and posted updated, or interacted through Messenger, then, when all else traditional fails, that’s the best — and probably most accurate — way to let you know you need to respond to a lawsuit.

The critical point here is that you’ve got to be able to ascertain that it’s actually the person who is named on the account using it to be able to claim that service of process via Facebook was accurate and timely. Consider for example a recent divorce trial in Brooklyn. The state of New York previously allowed Facebook as an alternate means of service when all else had failed. However, the judge in this case ruled that the defendant hadn’t interacted with his Facebook account since 2014.

Given a lack of updated information, there was no way to establish that he would presumptively come across it. While his wife argued that she had interacted with her husband on Facebook since 2014, she had no physical documentation of those exchanges.

“As such, plaintiff has not demonstrated that… service by Facebook is reasonably calculated to apprise defendant of the matrimonial action,” concluded the judge. “Before the Court could consider allowing service by Facebook…the record must contain evidence that the Facebook profile was one that defendant actually uses for receipt of messages.”

Utah, the cutting edge of law

The model for utilizing social media sites as an alternative service of process comes from a perhaps unlikely source: the state of Utah.

The state has been at the leading edge of considering ways to allow its citizens to interact with the court system in a smoother fashion.

Because of this forward thinking attitude, the state amended its rules of civil procedure in 2001 — before the existence of Facebook — to include electronic formats, mentioning email and “other possible electronic means”.

Thinking back to 2001, the social media landscape was barren. Sure there was Xanga, but Friendster wouldn’t come along until the next year, and Tom wouldn’t be our friend on Myspace until 2004. So, as Stephanie Irvine noted, “what was also genius about this is that when said electronic means became possible, the law wouldn’t need to be rewritten, and thus, judges could determine when the “other means” would be appropriate.”

bar
The courts in Utah have remained progressive, at least on this front. In 2010, rules were amended, and a specific affidavit was created for process service by electronic means, specifically mentioning “Social Network (such as Facebook), Twitter, Text Message, and Phone.”

Soon to be adopted as normal

While not every state has caught up to the electronic revolution for alternative electronic means of process service, there will come a time when it will seem like a normal part of operations. We’ve accepted the alteration of our lives with the assistance of technology. The unimaginable and fantastic are becoming commonplace daily.

The ingrained nature of social media means that, for some, it is the most reliable means of getting in touch with them.

Their online presence may be more stable than their corporeal one.

As with any form of legal documentation, ensuring the intended recipient actually receives it and can be documented doing so is critical. So as you peruse your Facebook timeline or Twitter feed, be careful about just scrolling on through. You might just miss an important date in your future.

#Served

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Social Media

How to quickly make your LinkedIn profile stand out from the masses

(SOCIAL MEDIA) Most of us have a love/hate relationship with LinkedIn, but no matter your feelings, you should be the one who stands out in a crowd – here’s how.

Published

on

linkedin

Your LinkedIn is your brand. That’s it. Whether you are job hunting (or people are hunting you), or are showing off your business, insight, acumen, or simply networking; your profile on LinkedIn needs to stay appealing and not drive potential headhunters, bosses, clients, or networking groups bananas.

Let’s start with a three part list of what you MUST do, what you SHOULD do, and what you COULD do.

Here’s what you MUST DO (as in, do it now).

  1. Get a #GREAT LinkedIn photo. Nothing sells you like the right profile picture. No selfies. No mountain biking. Get a professional headshot. Don’t lie about your age. Wear what you wear when you’re on the job. Smile. People are visual.
  2. Simplify your profile. Cut the buzzwords. Cut out excess skills that don’t add to your vision or that don’t represent the kind of job you want. (i.e. most of us can use Outlook but few of us need to mention that skill because we don’t support Outlook). Focus on the skills that are important.
  3. Keep it current. Your LinkedIn should reflect your career and current responsibilities. Update the description. Add new projects. Change your groups as you change in your career and move towards new levels. Indicate when you receive a promotion.
  4. Extra, Extra! Headlines. Don’t use something lame for your headline. How would you want to catch a headhunter to look at you if you could only say 10 words? Make it standout. There are thousands of managers – but only one you.
  5. Custom URL. Just do it. Pick your own URL. It’s FREEEEEEE.
  6. Get the app. Make LinkedIn a part of your mobile life and check it more often than you do Snapchat.

Here’s what you SHOULD DO (Set aside some time at Starbucks and go do this in the next month).

  1. Tell your story. Your summary should bring to live the content of your career. Don’t leave that section blank. Spend some time crafting a cool story. Run it by your professional mentor. Send it to your English major friends.
  2. Connect. Add colleagues. Add partners from other organizations. Use connections to broaden your network. Synch your profile with your address book. Add people after a conference.
  3. Endorse your connections. Identify people you’ve worked with and give them the endorsements – which can get them to come endorse you!
  4. Ask for recommendations. Ask a colleague, partner, or manager to write you a recommendation to help advertise your skills.
  5. Add a nice cover photo. Again, visual people. Some more on that here.

Here’s what you COULD DO (If you’re feeling dedicated, what you can do to give yourself an extra edge.)

  1. Share your media. Upload presentations, videos, speeches, or projects that you can share. (Don’t violate company policy though!).
  2. Publish original content. LinkedIn has a vibrant publishing feature and sharing your original work (or content you’ve published elsewhere) is a great way to share your voice.
  3. Post status updates. Share your reactions. Share articles. Repost from influencers. Be active and keep your feed vibrant.

That’s a quick list to get started. So go start your LinkedIn makeover (and I’ll go do the same). Let’s get connected!

Continue Reading

Social Media

Innovative widget places Instagram Stories right on your website

(SOCIAL MEDIA NEWS) Increase your social media reach with this neat new free to use Instagram Stories widget for your company website or personal portfolio site.

Published

on

instagram stories widget

Instagram Stories are a great way to integrate video into your marketing strategy. If you’re already investing time and money in this successful strategy, might as well feature Stories on your website too, right?

Well lucky you, Fastory recently released a free widget to add Instagram Stories directly to your site to feature your nifty marketing efforts on desktop. Even though mobile is still dominant with younger generations, desktop users need some love and access to Stories, too.

Fastory CEO Sylvain Weber noted the “widget is the only one fully based on the brand new Instagram Graph API (no private API, validated by Facebook himself).” This pretty much means Fastory is ahead of the game with the newly opened up API, and are basically development pioneers.

Drive awareness and build loyalty by spreading the wonder of your Instagram Stories far and wide with the Stories Widget. Simply log in to Facebook to get the widget, then sync your Instagram Stories stream.

Next, all you have to do is copy the provided HTML code and paste it on your website. Hooray, now you have a widget that automatically updates your website with your latest Stories.

Keep in mind you’ll need an Instagram Business Account for this to work.

If you have more than one business Instagram linked to Facebook Pages, just select the one you want to use from the drop-down menu when getting the widget code.

You can continue that process to select multiple Instagram accounts and generate widget codes for each of them.

Free for a limited time, you can also utilize the Memories feature, keeping a collection of your Instagram Stories on your site instead of having them disappear after twenty-four hours like usual.

All the Stories featured on your site also include a “follow us” button to encourage user engagement and gain you more followers.

Looking for help jazzing up your Instagram Stories? Fastory was originally created as an easy to use design platform to create and customize Stories.

Their mobile-first marketing suite offers drag & drop design featuring animated headlines crafted in Adobe After Effects, fonts from Google Web Fonts, and motion design.

Story creation and editing is collaborative with varying roles and levels of privileges. Plus, you can track visitors in real time to identify drop off points and areas for improvement. Contact Fastory for Story creation pricing information.

And on the free end of things, check out the Instagram Story Widget.

Continue Reading

Social Media

Turns out the secret to brand success on Instagram is Stories

(SOCIAL MEDIA) Instagram is a marketing heaven, and Stories appear to be they key to success (even if they disappear in 24 hours). Let’s discuss.

Published

on

Instagram

It’s been over a year since Instagram (or “Insta” as the cool kids call it) launched their Stories feature. And while Instagram Stories may not seem like most obvious place for advertising your business, social media experts say that it has untapped potential as a marketing tool.

The seemingly biggest drawback of using Stories for marketing is that, taking a cue from Snapchat, Instagram Stories are only online for 24 hours, then they disappear forever.

Nonetheless, the analysts at Socialbakers say that businesses should seriously consider marketing via Stories. These experts looked at over 1,000 Instagram accounts from businesses and found that they are being underutilized as a marketing tool.

Stories are extremely popular amongst viewers. There are 300 million active users looking at Stories every day, and that number hasn’t stopped growing since Instagram launched the feature.

Stories also appear at the very top of a user’s feed – although we’re still not exactly sure how Instagram’s algorithms sort these posts.

It’s also important to note that users can’t “like” or leave comments on Stories, so you won’t be able to use these metrics to gauge the success of your Stories marketing. Instead, you’ll have to look at Total Impressions, which tells you how many people have seen your story, or Reach, which tells you how many brand new potential customers saw your story.

With social media platforms always changing their rules and algorithms, it’s getting harder and harder to reach new potential customers, especially without dishing out cash for paid or boosted ads. Stories is a great loophole that allows you to connect with your audience without paying for it.

Don’t get caught up thinking you have to make a high-production video. Short, rough-cut, unpolished videos work great for Stories and give your audience a behind-the-scenes view of your business. Stories can be utilized to tell the story of your brand. And you can even add a poll to your story to increase engagement. For example, Red Bull asks viewers which picture they should post next, keeping the user engaged and clicking.

Social media platforms are always changing, but your business can get an edge over your competitors by staying up-to-date with new formats and features.

Continue Reading
Advertisement

The
American Genius
News neatly in your inbox

Join thousands of AG fans and SUBSCRIBE to get business and tech news updates, breaking stories, and MORE!

Emerging Stories