Are Twitter Direct Message Agreements Legally Enforceable?
Ultimately, as the law evolves, it's not going to care whether you are making an agreement in a boardroom with a fountain pen or you're messaging someone halfway across the world.. a deal is a deal.
August 25, 2021 at 04:47 PM
4 minute read
DealsSo many of my Twitter direct messages over the 13 years I've been on the platform outline some kind of deal. They even often contain phrases such as "Sounds good—we have a deal."
What's the deal? Can a Twitter DM be the real deal?
"Yes, but," as lawyers love to say.
Let's look at what you actually need to have a deal of any sort. To have a legally enforceable agreement you need:
Offer + acceptance + consideration.
Not the kind of consideration like "thanks for holding the door for me as I struggled to maneuver my huge pizza box through the entryway," but rather the giving of something of value to which the other party is not already entitled, in exchange for the promise in the agreement.
For example, "I will offer to customize your Nike Jordan 1s and you will pay me $1,000." "Yes. We have a deal." Clear offer and acceptance, with the consideration being the cash payment. So where we have the acceptance of the offer, and legal consideration, we have the foundation of a legally binding agreement.
Can this be done over Twitter DM, as just one example of a social media where an exchange can take place? Sure. Why not?
Many, if not most, courts have already moved beyond the notion of an old-school definition of a "signature." When you use any of your social media accounts, you are authenticated as the user. So absent some type of fraud (which can easily occur with traditional contracts and signatures as well) when you are logged into your accounts online and there is offer + acceptance + consideration, more and more courts are going to see this as a legally-binding agreement.
John Lawlor, a Fort Lauderdale, Florida, lawyer, observes that how we communicate with each other is a driver here:
"Since so many of us started to use smartphones and carry them with us all day every day, the percentage of informal, online communication has gone way up. Ultimately, as the law evolves, it's not going to care whether you are making an agreement in a boardroom with a fountain pen or you're messaging someone halfway across the world.. A deal is a deal."
It's important to note that nothing in this piece has to do with the unique nature of Twitter, Any of the online platforms in which we can communicate one-to-one or one-to-a group, such as Signal, WhatsApp, WeChat, Facebook, TikTok, Instagram and their progeny, are valid fora for legally-binding contractual arrangements. You're free to choose which apps you like to use and they will all be enforceable in a court of law as long as the basics for a legal agreement are met.
Of course, in a world where every second email or phone call seems to be some kind of scam and most scammers are becoming much more skilled than ever, there is a lot of room for abuse of agreements through Twitter and the like. It's going to take a heightened level of diligence on all of our parts to ensure that when we make an agreement through an app that we know we are actually entering into an agreement and that we make sure the party or parties with whom we are contracting are honest and not out to harm us.
This can definitely be more challenging online than in person, but we also know a lot of people for a long time online. Even when we haven't necessarily met in person, online trust and identity authentication can help smart and safe agreements. We just need to be smart and open to the experience.
Aron Solomon, JD, is the head of strategy for Esquire Digital and the editor of Today's Esquire. He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was the founder of LegalX, the world's first legal technology accelerator. Aron's work has been featured in TechCrunch, BuzzFeed, Fortune, Venture Beat, The Independent, TechCrunch Japan, Yahoo!, ABA Journal, Law.com, The Boston Globe, The Hill and many other leading publications around the world.
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