Social networking web sites have become an emerging conduit for small companies to recruit and conduct business. However, while some companies find this to be a successful means to expand business opportunities, others, such as Mark One Financial, have discovered that use of social networking for some purposes carries risks. Mark One attempted to collect debt from a Florida individual who had fallen behind on auto payments by contacting her friends and family members on Facebook. It is now facing a lawsuit for abuse and harassing attempts to collect debt, including a request for an injunction against using Facebook as a means to contact its clients.
This is one of the few cases to date in which a court has been asked to block a business from using a social networking site to communicate to consumers or their friends or family members. However, based on the broad reach of such sites in modern society – and on the wealth of personal information that some users publish on those sites, either intentionally or unwittingly – we expect to see an increasing number of such cases in the future. Business owners take care in communicating with and soliciting business from consumers social networking sites.
However, it also is important for consumers to protect their privacy on such sites in order to prevent unwanted communications from businesses or potential legal entanglements. District Attorneys’ offices routinely check sites such as Facebook or MySpace after arresting or charging a person with a crime in order to investigate his or her background, with prosecutors using the information, pictures, videos, and friend lists as means to gain information about the person arrested. Other attorneys also use the networking sites in order to glean information about opposing parties and witnesses in family law and civil litigation matters.
If in doubt about how to protect privacy or to legally conduct business using social networking, contact an experienced attorney to assist in navigating any potential pitfalls.