In this brave new world of social media, any ordinary person can feel like a celebrity as they share photos, make announcements, and earn “Likes” on various social media platforms. While many people believe they are only sharing their posts and Tweets with an approved circle of friends, the reality is that often these comments and photos are available for anyone to see. If you are involved in any kind of litigation, it is vital that you not comment on any aspect of the case on social media—this includes people who are attempting to return a new car under Virginia’s Lemon Law.
How a Facebook Post Forced Us to Drop a Lemon Law Case
As Mr. Gayle described in a recent post, The Consumer Law Group was forced to drop a legitimate Lemon Law case against automaker Kia when videos from the client’s son’s Facebook page were discovered by the dealership’s attorney. The videos showed the teenager racing the car at a track and the defense attorney argued that this is what caused the problems with the car. In fact, the shifting problems with the car were there when the car was purchased and were not caused by the teen, but the videos were too convincing to argue against and we decided to drop the case.
What Not to Post
We shared this story in order to make the point that anything you post related to an ongoing case or investigation could damage your claim. To be safe, it is best to avoid social media completely, but at the very least avoid posting the following when involved in a Lemon Law claim:
Opinions of the car dealer or manufacturer
Photos or videos of the car, even if the car is in the background
Comments on the case or your attorneys
Complaints about the car and its problems
Posts or Tweets from family members about the car or case
Answers to questions from others about the case
Be aware of comments made by others as well as your own, especially if you are tagged in the post or picture.
Protect Your Privacy
Whether you are involved in litigation or not, it is wise to set your social media accounts to private and make sure your teens have done the same. When accounts are private, you must approve any friend or follower request—and you should only accept people you know. Photos and posts you share will only be viewable by your approved followers. Privacy settings can be complicated, however, so never post or share anything you would not want the world to see. Anyone can take a screenshot of a comment or photo you have shared and re-post it to the public. It is best to assume that anything you post can come back to haunt you.
Come to Us for the Best Advice
If you need legal help pursuing a Lemon Law claim, you can be assured that the attorneys at The Consumer Law Group will advise you as to the best way to proceed and how best to protect your claim. Fill out the form on this page and we will get back to you soon.