In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means–Facebook.
The case, FTC v. PCCare247, Inc., involves a group of individuals based in India who allegedly “tricked American consumers into spending money to fix non-existent problems with their computers.” After problems with more conventional methods of international service, the court exercised its authority under the federal rules to fashion its own means of service. As Judge Engelmayer’s order explains, Fed. R. Civ. P. 4(f)(3) allows a judge to order a means of service of process so long as it is “(1) not prohibited by international agreement; and (2) comports with constitutional notions of due process.” In this case, service by Facebook was not specifically prohibited by relevant international agreement, including the Hague Service Convention, to which India and the United States are signatories. Further, the circumstances in which the Facebook accounts would be served ensured service was constitutionally proper.
Related articles
- Court lets FTC serve litigation documents by Facebook (internetcases.com)
- Serving Foreign Defendants via Facebook: Is A New York-Based Federal District Court’s Decision a Sign of the Times? (verdict.justia.com)
- Facebook Inc. (FB) Can Serve Foreign Defendants: Judge(insidermonkey.com)
- Texas May Soon Allow Subpoenas Served Via Facebook (blogs.lawyers.com)
- Judge: Don’t Fear Facebook (blogs.wsj.com)
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