How can I stop my husband from viewing my text messaging history?

I found correspondence between my husband and a lawyer arranging for our cell phone carrier (i.e. the written messages for a certain date range). The cell phone plan is a family plan but it is in his name. He is deployed and I have a general power of attorney. I have no idea what he is looking for in these message but is there any way I can legally stop him from viewing them? I feel it to be a violation of my privacy.

Asked on November 5, 2011 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you don't want your husband to see your text or call history, you'll need to get a separate account.  Even though you have a power of attorney, his name is still on the contract and he is ultimately responsible for the account.  It's not a violation of any privacy laws for him to ask for information regarding an account that's in his name.  Getting your own account will help, but keep in mind that it may not completely protect your privacy.  Many people send text messages thinking they are more discreet, only to discover that they may still exist in a phone company's data base.  If they do exist, then anyone could subpoena the records as part of a lawsuit (like in a divorce).  I'm not suggesting that is your husband's intentions, but just know that in the age of electronic media, things do not necessarily disappear just because you hit the delete button on your end. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.