A Texas legislator has introduced a bill proposing service of process through social media in certain instances.The Texas proposal makes very good sense because it provides more effective substituted service then courts regularly approve today.
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Whitepaper: Model RPC Changes from the ABA 20/20 Commission Impacting Credit and Collection Attorneys
Last August the American Bar Association adopted several amendments to its Model Rules of Professional Conduct. Several of these changes would impact attorneys engaged in credit and collection law, if adopted in their jurisdictions. I’ve prepared the attached whitepaper outlining the amendments. More information on the ABA’s 20/20 Commission and other amendments to the Model Rules of Professional Conduct adopted this month are available here.
Facebook: Use it to Like a Person, Don’t Use it for Service of Process
As reported in today’s New York Law Journal, a Federal Court Judge sitting in the Southern District of New York recently denied a request by an affiliate of Chase Bank to serve process through a party’s Facebook profile. In Fortunato v. Chase Bank USA, N.A., No. 11-cv-06608-JFK (S.D.N.Y. June 7, 2012), Chase was sued under the Fair Credit Reporting Act and state law claims arising from a credit card account plaintiff alleged was created without her authorization. Chase Bank impleaded the plaintiff’s estranged daughter, alleging she created the credit card debt using the plaintiff’s personal information. Despite several attempts, Chase…