Monthly Archives: October 2015

Proving Spoliation Through Social Media Plaintiff Research

October 29th, 2015 by

It is possible to demonstrate spoliation through social media research for plaintiffs and we have the tools to help you do so.

Here is how you prove spoliation:

  1. As early in the case as possible, contact Step Ahead Social Research to find and preserve all publicly available data from any of the plaintiff’s or other individual’s social media accounts. This is crucial because once altered or deleted,┬áthe data is gone, as it has not yet been preserved. The longer a case goes on, the chances increase that the individual will take the opportunity to make changes to their accounts.
  2. Step Ahead Social Research will determine which, if any, social media accounts the individual has and enter them into our system so all public data from that point forward is preserved with metadata.
  3. Issue a spoliation to the plaintiff or individual indicating they should not “delete or alter social networking sites, online blogs or any other potentially useful accounts.”
  4. After a period of time, possibly before deposition or trail, ask Step Ahead Social Research to pull a new report of all new data since the last report. Once entered into our system (ad indicated in step 1), our state-of-the-art software continues to collect any new data posted, so nothing is missed. If you are manually trying to monitor, there is a good chance you may miss something that was posted and later deleted, as it’s impossible for a human being to constantly monitor.
  5. From the new report, our metadata fields will show if any posts or photos have been altered or deleted.
  6. You can then request that the jury be advised to consider such altered data as unfavorable to the plaintiff or individual.

Got questions on how our systems work? Give us a call at 317-855-9927 or email lmettler AT socialmediainvestigation.com.