Facebook account deactivation leads to "spoliation instruction" - Lexology
A federal court has ordered that “an instruction be given at trial to the
jury that it may draw an adverse inference against Plaintiff for failing to
preserve his Facebook account,” and for destroying evidence. *See Gatto v.
United Air Lines,
Inc.<http://www.technologylawsource.com/uploads/file/GattovUnitedAirLinesCaseNo10-cv-1090-DNJ.pdf>,
*No. 10-cv-1090, 2013 U.S. Dist. LEXIS 41909, slip op. at 11 (D.N.J. Mar.
25, 2013). The plaintiff did not just try to “clean up” his Facebook page;
he permanently deleted it <http://www.facebook.com/help/224562897555674>.
According to the court, the permanent deletion of the plaintiff’s account
prejudiced the defendants “because they have lost access to evidence that
is potentially relevant to Plaintiff’s damages and credibility.”  *Id*. at
10.


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