Commercial Litigation and Arbitration

Website Evidence / Pleading and Practice — Court May Not Take Judicial Notice of Website That Is Not Self-Authenticating on Dismissal Motion in Third Circuit — Authentication Required

McGown v. Silverman & Borenstein, PLLC, 2014 U.S. Dist. LEXIS 12823 (D. Del. Feb. 3, 2014):

While McGown conclusorily states S&B is a "debt collector" in her Complaint, she further details collection activities undertaken by S&B including collection activities for Capital One and actions taken to collect the debt from McGown. Although S&B's own website states it "is acting as a debt collector," the court may not take judicial notice given websites are not self-authenticating.56

56.  Silverman & Borenstein,, last visited on 12/19/2013; Victaulic Co. v. Tieman, 499 F.3d 227, 236 (3d Cir. 2010) (holding District Court should not take judicial notice of facts about a business based on information contained in a website at the motion to dismiss stage without authentication).

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