Status Update: Social Media And The Service Of Documents

State Representative Jeff Leach of Texas recently proposed a bill that has generated significant discussion about the utility of social media in litigation proceedings. The yet untitled bill, HB No. 1989, proposes to allow substituted service in Texas through a social media website if a court finds that the social media account belongs to the defendant, is regularly accessed, and such service is likely to result in actual notice.

Texas is attempting to create with legislation a process that courts in Canada, Australia, New Zealand and the United Kingdom have developed through common law. Generally, courts in these jurisdictions will allow substitutional service through social media when all other methods of serving a party are exhausted. Courts consider whether the account belongs to the proper individual, and whether the account is frequently used, such that social media can affect proper notice.