Can a company be sanctioned for spoliation when an employee auto-deleted text messages or ephemeral chats?

Yes. A company can face sanctions when relevant text messages or ephemeral chats are lost to auto-deletion, even though no person manually destroyed them. What matters in US civil litigation is not who clicked delete, but whether the organization took reasonable steps to preserve electronically stored information (ESI) it had a duty to keep. For background on the broader process, see e-discovery.

When the duty to preserve attaches

The obligation to preserve relevant information generally arises when litigation is reasonably anticipated, not only when a lawsuit is filed. Once that duty attaches, an organization is expected to suspend routine deletion and disposition processes that would destroy potentially relevant ESI. This commonly takes the form of a litigation hold communicated to the relevant custodians and to IT.

Text messages and ephemeral or disappearing chats are ESI. Automatic deletion settings, short retention windows, and self-destructing message features do not exempt that content from preservation duties.

Why auto-deletion can still lead to sanctions

Under the Federal Rules of Civil Procedure, courts consider whether ESI that should have been preserved was lost because reasonable steps were not taken, and whether it can be restored or replaced. The most serious remedies generally require a finding that a party acted with intent to deprive another of the information’s use.

Letting auto-deletion keep running after a preservation duty arises can support a finding of failure to take reasonable steps. Choosing or keeping ephemeral messaging configured to destroy content, despite a known hold, can in some cases support an inference of intent. Sanctions range from curative measures and adverse-inference instructions to dismissal or default in extreme cases.

How organizations reduce the risk

• Issue timely, documented litigation holds and confirm receipt.
• Disable or suspend auto-deletion on relevant accounts, devices, and apps once a duty attaches.
• Govern ephemeral and personal-device messaging through clear retention policies before disputes arise.
• Coordinate legal, records/IG, and IT so holds reach every system, including mobile and chat platforms.

Rules and standards differ by jurisdiction. State courts, foreign courts, and regulators may apply different preservation obligations and penalties, so confirm the requirements that govern your matter.