What recourse do I have if last year my now ex-boyfriend went into my cell phone provider’s store and added a smartphone line to my account without permission?

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What recourse do I have if last year my now ex-boyfriend went into my cell phone provider’s store and added a smartphone line to my account without permission?

They did not go through the proper channels of verifying his identification to confirm that he had authorization to make those changes or was an authorized user on the account (which of course he was not). Basically, the committed a breach of confidentiality and failed to protect my account and information.

Asked on January 30, 2015 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If the provider tries to get you to pay for the line, you may have a good defense to liability by showing that you did not authorize it and that they did not properly verify identity.

2) If you suffer any losses or damage from this, you could certainly sue the ex-boyfriend, who acted wrongfully, and may (depending on the exact circumstances) be able to sue the provider if they were careless with confidential information. You cannot sue until you suffer some loss; the law compensates for actual losses, not potential ones.


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