An interesting decision on online anonymity and subpoenas in Avas Sales Lead Servs., Inc. v. Doe; the opinion was written Sept. 15, 2022 by Magistrate Judge Sherry Fallon (D. Del.), but her report and recommendation was just adopted today by Judge Maryellen Noreika:
Plaintiff is a flower delivery company offering nationwide floral delivery through three floral networks. To provide flower delivery services, Plaintiff receives orders through its website and obtains flowers from various affiliates. Plaintiff's business has a strong focus on customer service due to the perishable nature of its product, and Plaintiff maintains refund and replacement policies to ensure customer satisfaction. Plaintiff asserts the following facts in its complaint and motion….
Defendant is an anonymous individual who runs the Facebook page "Avas Flowers – Scam," which publishes statements accusing Plaintiff of defrauding its customers and allows Facebook users to publicly post comments regarding their customer experiences with Plaintiff. The Facebook page has been operational since 2015 or 2016. Since that time, Defendant has encouraged commenters on the Facebook page to file formal complaints with the New Jersey Attorney General and to dispute credit card charges from Plaintiff's business….
Plaintiff … [sued] for defamation …. Now pending before the court is Plaintiff's … motion for leave to subpoena Facebook [to determine defendant's identity]….
The court concluded that the subpoena would be enforced only if plaintiff could provide a "prima facie showing" on its claim of defamation, based on "evidence satisfying the summary judgment standard" (the Delaware Doe v. Cahill test):
