What is a cell phone provider’s liability for disclosing private accountinformation to a third party?

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What is a cell phone provider’s liability for disclosing private accountinformation to a third party?

My friend just finalized a divorce with her husband that caused harm to her through domestic violence. She just found out that he went to a cell phone store here locally and was able to access her account, even though it specifically states not to without her consent. He put extra charges on her monthly bill. Now she does not know what information he obtained from like her new home address, new number, credit card info, etc. If the store did give this private information to him and he causes bodily harm, is it at fault and what are some options to be taken?

Asked on December 11, 2011 under Personal Injury, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your friend needs to discuss the privacy laws in the state in which she lives with her attorney. A review of the FCC laws and wiretapping laws will also be needed. Ultimately, if the husband was somehow on the account, then the store would not have known it is a privacy issue. The store would be able to determine through logs and notes hopefully what information (if any) it gave out. Ultimately, she should have her attorney subpoena the store for records and if confirmed the information was illegally given out, then to sue the store.


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