UPWORK CIVIL SUBPOENA

[aa919442]

Complicated , If someone serves a subpoena on upwork to get a freelancers account information will upwork notify the freelancer? I was informed a subpoena was issued to upwork for my account information and its involving a lawsuit that has nothing to do with upwork or an upwork client but I have never recieved anything,

[mwiggenhorn]

Interesting and I've never seen this asked. The subpoena would have to go through the legal department before anything else would happen. I pinged the moderator  as I don't know any other way to get through to legal.  Best of luck.

[aa919442]

This is what I thought as well and I cant understand how legal would not notify me first especially when the civil case does not involve upwork or any upwork client

[mwiggenhorn]

Hey, I found this. https://www.upwork.com/legal#InformationSharingAndDisclosure. It says they will respond but does not state whether you will be notified.

[aa919442]

Yes mam I read that but your right it does not say if they will notify you and that is what I need to know, I would think they would to allow me to oppose it

[mwiggenhorn]

The subpoena is probably directed to Upwork, not you. I think you would have to go into the case at issue and file an objection to any subpoena directed to Upwork.  The more I think about it, the more I think that your records will be produced, just like if they subpoena your bank or credit card companies.  I am NOT a lawyer and this is not intended to be legal advice,  just a suggestion of what I would do.

[celgins]

My initial thought is that Upwork is not required to notify the freelancer if and when Upwork is subpoenaed for your account information. If I'm not mistaken (I am not a lawyer or legal expert) most US businesses have policies regarding their cooperation with when asked to provide data/information in civil and criminal subpeonas. Again, unless I'm mistaken, criminal subpoenas come from a court while civil subpeonas come from attorneys.

Section 6.4 of the User Agreement covers non-payment or default. Upwork says:

6.4 NON-PAYMENT OR DEFAULT
At our discretion and to the extent permitted by applicable law, Upwork, Upwork Escrow, Elance Ltd. or its other Affiliates may, without notice, [emphasis added] charge all or a portion of any amount that is owed to any Payment Method on file on the Client’s Account; set off amounts due against other amounts received from Client or held by for Client by Upwork, Upwork Escrow or another Affiliate; make appropriate reports to credit reporting agencies and law enforcement authorities; and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.

While section 6.4 describes the actions Upwork can take if a client doesn't pay fees on time, I can imagine they will take the same course of action for any type of civil or criminal case.

[aa919442]

I imagine it is directed to upwork, But that makes it more scary in terms of privacy. The case entails a civil lawsuit and the other party is someone I have never had contact with through upwork. I have never had any messages or submitted any proposals no contact at all. In fact upwork is not even mentioned in the original lawsuit. In the state of Arizona a lawyer is not needed to obtain a subpoena. If you have an active civil case you walk up to the clerk with a blank subpoena form they stamp it and that is it. The only reason this person wanted access to my upwork account was to get my login information and UPWORK gave it to her. Which blows my mind.