Tag Archives: Stored Communications Act

No Statutory Damages Under SCA Without Actual Damages

The U.S. Court Appeals for the Eleventh Circuit has ruled that statutory damages under the Stored Communications Act (SCA) are not available in a case where the plaintiff did not incur any actual damages. The case, Vista Marketing LLC v. Burkett, originated from an extremely contentious divorce proceeding.  While the majority of the  allegations in that … Continue Reading

Oklahoma Joins Growing Number of States Limiting Employer Access To Personal Social Media Accounts

Add Oklahoma to the list of states prohibiting employers from requesting or demanding access to the personal social media accounts of employees or applicants. Signed into law by Gov. Mary Fallin, H.B. 2372 becomes effective November 1, 2014. In addition to being prohibited from requesting or demanding usernames or passwords from employees or applicants to their … Continue Reading

Deletion of Facebook Page = Spoliation

A New Jersey District Court has sanctioned a personal injury plaintiff for spoliation following the plaintiff’s deletion of his Facebook account which defendants were trying to access.   The defendant’s discovery requests asked for documents or records of “wall posts, comments, status updates or personal information posted or made by plaintiff on Facebook and/or any social … Continue Reading

Social Network Monitors Beware

A New Jersey restaurant has been hit with a jury verdict in favor of two waiters who were fired after the restaurant’s managers accessed a private social networking site where the waiters were criticizing management. As the social networking (e.g., MySpace and Facebook) “craze” continues to expand, employers must be more mindful of privacy concerns relating … Continue Reading
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