Many small businesses use modern smart phone features to carry on their day-to-day business. As a result, those features may create issues if communications are sought to be used as evidence in commercial litigation. Text messages are one such feature. Why?
A text message presents unique issues. First of all, authentication of the message sender and proving that a person received a specific message are not always easy to accomplish. Second, Florida law now requires one to preserve all relevant electronically stored information once one reasonably foresees the possibility if litigation. Finally, many mobile carriers often retain text messages on their network servers for only a few days. Some don’t retain them at all. This puts more responsibility on the phone’s user to take reasonable steps to preserve such information. In conclusion, one would be wise to leave texting out of the day-to-day business routine.