why does my lawyer need my cell phone carrier

There are legitimate business and practice reasons why lawyers would need multiple mobile phones: With less landlines in use, multiple mobiles are replacing multi-line setups. Lawyers who practice in different distinct practice areas often use different tel numbers to reroute calls appropriately.

Full Answer

Do cell phone carriers have to provide excellent service?

Cellphone contracts usually don't require that the carrier provide you with excellent service. Some contain cautionary language stating that they don't have to. Contracts are typically more about what you must do during the life of your plan, such as pay your bill on time.

Can I sue my cell phone company in court?

The customer should state that if they don't respond in that time, they intend to sue in small claims court. Even if the cell phone provider is not in the same state as the consumer, they can sue any organized business, such as an incorporated company or one established as an LLC, in their home state.

Do you have to have a contract for a cell phone?

Cellphone contracts usually don't require that the carrier provide you with excellent service. Cellphone contracts are typically one-size-fits-all. They're called adhesion contracts, and they contain the same language for every customer.

What information do wireless phone companies keep About You?

Wireless companies keep records about when and where a phone call is made, when text messages are sent and received, and when data is transferred. All of this phone activity data is available if you ask the wireless phone company to provide it to you, and you are still within the window of time that they keep their records.

Can lawyers track your phone?

In most situations, a law enforcement officer, attorney, or anyone else cannot look through or take something without probable cause. But the Fourth Amendment also protects cell phones. A law enforcement officer or injury lawyer must prove it is very likely that evidence is on the phone to legally search it.

Who can access my phone records?

Who can obtain my phone records legally? Law enforcement agencies, such as the police or the FBI, can lawfully obtain your phone records. Phone companies will also turn over customer phone records to someone with a subpoena or a court order.

Are cell phone conversations recorded by the carrier?

Service providers like Comcast and Verizon aren't in the business of recording conversations, just transmitting them, he explains. “The bits are transmitted and delivered to the device at the other end, which converts them back into sound and plays them over its speaker.”

Can phone companies see your texts?

Cellular service providers retain records of the parties to a text message and the date and time it was sent. They do not, however, retain the content of text messages for very long, if at all.

How do I permanently delete my call history from service provider?

Open your device's Phone app .Tap Recents .Tap More. Call History.Tap More. Clear call history.When asked if you want to delete your call history, tap Ok.

How far back can text messages be subpoenaed AT&T?

AT&T: Stores call records for between 5 to 7 years; cell tower records since July 2008; text message details for between 5 to 7 years; text message content is not retained; Internet session information and destinations for up to 72 hours.

How can you tell if your call is being recorded?

Type "history.google.com/history" into your web browser. On the lefthand menu, click 'Activity controls'. Scroll down to the 'Voice & Audio activity' section and click that. There you'll find a chronological list of all the voice and audio recordings which will include any recorded without you knowing.

Can phone companies retrieve deleted text messages?

So, while you may feel that you have every right to access copies of text messages from your phone, your cell phone provider has an obligation to protect the privacy of the other participant in the conversation. Therefore, in order to retrieve text messages from your cell phone carrier, you must obtain a court order.

How far back can phone records go?

T-Mobile holds call records between seven and 10 years, spokesman Viet Nguyen says. MetroPCS maintains separate records and keeps them two years. Sprint holds call logs 18 months, spokeswoman Stephanie Vinge Walsh says. U.S. Cellular holds records one year, according to spokeswoman Katie Frey.

Are deleted text messages gone forever?

Stop texting “When the messages are deleted, they are not really erased at once, but the space where they are stored is marked as free to restore new data,” Scott explains.

How can I get deleted text messages from court?

How to Get Deleted Text Messages for a Court CaseContact your mobile provider. Verify your account information. ... File your court case. Once you filed a case, you may make a court order to request text messages from your mobile provider.Contact your local law enforcement, if you do not have an attorney as of yet.

Can someone see what I do on my phone through WiFi?

Simple answer: No, a person can not see what is on your phone, but can see what you are sending and receiving in the clear.

Federal Agencies Can Search Cell Phone Records

Federal government agencies can access your cell phone records (including call logs and text records) with a subpoena if you are being investigated...

Police Can Search Cell Phones

It is not only the federal authorities that can request records of your cellular activity. Local state police can also do so, if they have probably...

Illegally Intercepted Communications

Most people would think that publicly broadcasting an illegally intercepted cell phone conversation would be illegal. Interestingly, however, the U...

Questions For Your Attorney

1. What can I do if my cell phone company is giving my information to other businesses? 2. Can the police track my movements through cell phone GPS...

Cell phones

If I request my cell phone carrier to “unlock” my phone, do they need to do it?

Guide to Laws About Cell Phones in the United States

If I request my cell phone carrier to “unlock” my phone, do they need to do it?

Pamela Koslyn

Check your cell phone contract - it may restrict you to arbitartion with them, not suing them in court, thanks to our very pro-big-corporation U.S. Supreme Court. That may make it harder for you to find a lawyer to pursue the company. As for what private information was disclosed and how it damaged you, you need...

William Lee Pfeifer Jr

The type of attorney you need is one who practices in the area of consumer law, also known as consumer rights law. Go to www.consumerlaw.org and check their membership list to find someone practicing in your area. Good luck to you.

Why is it important to be careful when recording a conversation on a cell phone?

The lesson here is to be careful because technology has increased the chances that your cellphone conversations are being recorded and could be made public or used against you.

Why is tracking cell phones important?

As most people carry their cell phone with them at all times, the ability is in place to track the exact movements of all individuals. While this reality could lead to an invasion of privacy, cell phone tracking could also prove useful in saving lives during emergencies.

Can the NSA subpoena a cell phone?

The Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) can subpoena the cell phone company for phone records without a prior warrant as a result of the 2001 Patriot Act, in order help prevent acts of terrorism. They can also wiretap, that is, listen and record your cell phone conversations.

Can police search your cell phone?

It's not only the federal authorities that can request records of your cellphone activity. Local state police can also do so if they have probable cause. The Fourth Amendment's protection against unreasonable search and seizure still applies, fortunately, and because you have a legitimate expectation of privacy in the information stored in your cellphone, a search warrant is needed before a police officer or investigator can examine your data.

Is GPS tracking good for privacy?

Although there are many advantages to cell phone GPS tracking, there are also privacy concerns. As most people carry their cell phone with them at all times, the ability is in place to track the exact movements of all individuals. While this reality could lead to an invasion of privacy, cell phone tracking could also prove useful in saving lives during emergencies.

Do phone companies have to keep your information private?

Fortunately, phone companies are subject to privacy laws that require them to keep your information safely stored, away from the public. There are some exceptions to this general privacy requirement, however, which users should understand and recognize.

Does my cell phone company have access to my phone records?

As you have likely already guessed, your cell phone service provider has access to your phone records. Such records can be very revealing when it comes to your personal relationships, business dealings, financial matters, and purchases. Fortunately, phone companies are subject to privacy laws that require them to keep your information safely ...

What to do if you think you have been a victim of cell phone fraud?

If you think you have been a victim of cell phone fraud, it is very important that you speak with an experienced consumer lawyer to make sure you aren’t held liable for any fraudulent charges. A consumers’ rights lawyer also can help you seek any possible remedies and represent you in court if necessary.

What is cell phone fraud?

Cell phone fraud occurs when a person uses, tampers or manipulates your cell phone or your cellular service, without your permission.

How to protect yourself from subscriber fraud?

To protect yourself against subscriber fraud, be very careful when giving out your personal information. Make sure you only give out your personal information to legitimate businesses. To protect yourself against cloning, find out if your service has authentication services that prevent fraud.

What is cloning fraud?

Cloning fraud: someone copies the electronic serial number and telephone number of your cell phone, which lets them make a duplicate cell phone and the calls on that cell phone are then billed to your cell phone.

How to obtain wireless phone records?

They can be obtained via subpoena or by request of the account holder via a notarized letter.

What are cell phone records?

Cell Phone Records as Evidence in Legal Cases . The records kept by wireless phone companies about the use of cell phones are immense and very detailed. Wireless companies keep records about when and where a phone call is made, when text messages are sent and received, and when data is transferred.

How long does a call last on a phone bill?

A call that lasts one minute and one second will show as two minutes on a phone bill. Also, a phone bill is only going to give you evidence of billable activity. Billable activity does not include outgoing calls that did not connect to another phone, and may not include outgoing calls that connect to another phone’s voicemail.

How accurate is a phone bill?

A phone bill is only accurate to the minute since the majority of wireless phone companies bill to the next full minute. This means that a phone call that lasts 15 seconds would show 1 minute on a phone bill. A call that lasts one minute and one second will show as two minutes on a phone bill. Also, a phone bill is only going to give you evidence ...

Can text messages be shown in call records?

Text messaging is shown in call detail records. However, the content of text messages is not. To get the content of text messages, a request must be made to the phone company within days of the incident. Another misinterpretation that comes up in many of the distracted driving cases we do is that incoming text messages are an indication ...

Is voicemail an indication of phone usage?

Voice calls are an indication of phone usage by the driver, however, whether or not the phone is being used hands free is impossible to determine from a record. Also, if the incoming call is answered by voicemail can be determined from the call detail record, where on some phone bills, this would not be indicated.

Does Apple have access to messages?

So, does Apple have access to the contents of the messages? Not really. They have an encrypted version without the ability to decrypt it. Only the recipient’s phone/device can decrypt it (end-to-end encryption). That is why Apple doesn’t/can’t comply in federal and local government subpoenas.

What happens if my cell phone provider doesn't appear at a small claims hearing?

Make sure to appear, and if the cell phone provider does not appear at your small claims hearing, you will receive an automatic default judgment against the company and can collect on your refund accordingly.

What does a judge ask before a cell phone hearing?

Before the hearing, the judge will ask the litigant and the cell phone provider's representative to present evidence for their cases. A judge will ask the litigant why they started the lawsuit and ask the cell phone provider to give their viewpoint; they may ask to keep the physical evidence or they may give it back to both parties after studying it.

How much does it cost to file a small claims lawsuit?

Nevertheless, the fees will be relatively inexpensive. For example, if the lawsuit is in California, the litigant will pay $30 to $75 to file in small claims court. Consumers who can't afford the fees can ask the court to waive them.

How long does it take to get a judgment from a cell phone provider?

The litigant will not learn if they've won right away – they'll get the judge's decision through the mail in a few weeks or months. If the cell phone provider doesn't appear in small claims court, they will likely win the case by default. The judge will verify that the litigant served the cell phone provider, no one on either side requested a postponement, and evidence exists supporting their case. The court will then award the default judgment to the plaintiff.

How long does it take to respond to a phone call?

Give the phone service provider a few days to respond (such as 10 to 14 business days). The customer should state that if they don't respond in that time, they intend to sue in small claims court.

How to resolve a problem with a company?

Try to use all other avenues in order to resolve your problem. When on the phone with customer service, keep asking for a manager or supervisor. If they are of no assistance to you, start contacting the higher-ups within the company. Before filing a lawsuit, file a Better Business Bureau complaint (see Resources) and see if your issue can be resolved through them.

What does a company do in the consumer's state?

The company does regular business in the consumer's state by selling its services, employing a sales rep who calls on the consumer to solicit business, sending the consumer a catalog, or advertising in the consumer's state.

What is ping on a cell phone?

A cell phone ping is when a signal is sent to a cell phone and the cell phone responds by reporting its location.

What is the source of cell phone location?

The only source of cell phone location is the carrier. Remember that the only source of cell phone location is the carrier —and that the carrier can release cell phone location information to third parties only if they have the customer’s permission. If the cell phone location information is confidential—it is—how then, ...

How often do you have to remind a customer of location information?

If the location information is ongoing, the application must remind the customer every 30 days that their location is being obtained. The application must also offer the customer a way to opt-out at anytime, while their location information is being obtained. Several recent legislation actions concern exactly how location information permission and consent can be granted, and what notices are necessary.

Can you give your phone location to an application provider?

Customers can give application providers permission to access their location information (cell phone or computer) – it happens all the time. Facebook, Twitter, Google, and countless other apps all have location information built-in.

Can a cell phone carrier disclose location information?

The ruling also makes clear that carriers may only disclose cell phone location information in very limited ways without the permission and consent of the consumer.