Overview
As we reported in March, Judge Engelmayer had ruled in an FTC action against telemarketers based in India that service by social media may be permissible under the Federal Rules. In a ruling filed last week, Judge Engelmayer denied the FTC's request to serve by Facebook message. Judge Engelmayer held that, though service by Facebook may be appropriate where the movant establishes that such a message is "highly likely to reach defendants," here the FTC had failed to carry its burden. The FTC had not submitted screen shots of certain defendants' Facebook pages and could not establish that an email address used to create a Facebook account could be tied to one of the defendants. (H/T Sara Jodka, via Alison Frankel.)