Is a De-activated Social Media Account Producible?

Is a De-activated Social Media Account Producible?

Harry Chang



October 6, 2021


The recent US decision in Brown v. SSA Atl., LLC, CV419-303 (S.D. Ga. Mar. 15, 2021) emphasizes the importance of understanding what constitutes spoliation in the context of social media evidence.


The plaintiff in this case was evasive about his social media presence on Facebook.  The defendant initiated a motion for sanctions for “alleged spoliation of electronically stored evidence, specifically his social media accounts.”  The court denied the spoliation motion ruling based on the lack of evidence that the Facebook information had been “irretrievably lost.”  Instead of sanctions, the court directed the production of the Facebook accounts as an alternative remedy.… Read More