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Jonathan Louis Kramer
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Jonathan Kramer’s Answers

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  • Sprint made me turn in my phone so I could receive a refurbished phone. They repair phones and give them to other customers. The

    they are supposed to erase my personal information. They failed to do it and someone started sending me messages showing they have my banking info, credit card info, address, social sec and info, and nude pictures of my child in the tub. I am sick...

    Jonathan’s Answer

    You've already received a good answer from Attorney Fox, so I'll only add to it. A judge is likely to ask why you would turn in a phone to a stranger with your very personal data still on it.

    It's not negligence...is simply common sense to expect someone else to mess up and take steps to protect yourself. In the meantime, start changing your passwords and access names...right now.

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  • When you make a customer service call to any company about service that you have with them can i record it?

    I called att about my bill and it is turning out to be a monthly call i have to make. Every month I am told the adjustments are made and if i call back whomever i speak with can see the notes. however they seem to avoid the part where the previous...

    Jonathan’s Answer

    I agree with Attorney Galvin's comments replying to your question, and offer the following additional thoughts. As Mr. Galvin notes, most large companies record and/or monitor phone calls between customers and CSRs.

    Having experienced the same type of run-around-after-run-around you have, I now frequently record my calls with CSRs where they first announce that they will record the calls. This has been a very powerful tool to get action since it's hard for a manager for deny the actual voice commitment of one of their staff.

    Also, if you need to sue a company that records calls, you'll have outstanding evidence of the facts to play to a judge. You can be about 99.999% certain that the company you sue will not bring in the recording of the call(s) to court. Be sure to capture their outgoing 'your call is being recorded' announcement at your end to demonstrate that they consented to the recording of your call.

    Jonathan Kramer, Esq.
    Telecom Law Firm, P.C.
    Los Angeles, California

    However, remember that a legally-recorded phone is still private between the parties, so don't post it to a web site or other public place.

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  • Court and personal messages

    talking with a family friend about my concerns of my sons controlling girlfriend and need to keep my son in arm reach 24/7 and won't allow him to fish camp 4 wheel or be around family or friends any more .as her sister is married to the x husband....

    Jonathan’s Answer

    I echo Attorney Beaulier's comments. While there are exceptions to the general rule that communications are NOT private, your situation does not seem to fit into one of the exceptions.

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  • I usually talk to my daughter every day. I have not talked to her since July 3. We called the house and cell with no answer. ?

    Mother has residential custody in Nj we live in pa. Before we moved from Nj to pa I had custody.

    Jonathan’s Answer

    It may well be that our ex took your daughter on 4th of July vacation and neglected to let you know. Unless your custody order has notice requirements for vacation or moving, there's likely nothing to be done until you know the factors surrounding the current non-communications.

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  • Gotten mean text messages from my dad repeatedly so far his record is 54 in 30 minutes . Can he be sued for harassing a minor ?

    He Text my mother hateful things too. He has made death threats and complains about how he wants more than what he gets in the decree and he text us about 20 to 30 times a day and im only 15. could he be sued?

    Jonathan’s Answer

    While you may have grounds to sue him for intentional infliction of emotional distress or a similar tort, you may find it easier to ask the court to issue an injunction prohibited him communicating with you like that. A lot will depend on whether he has joint custody. You may want to check with the attorney that handled the divorce on behalf of your mother. You will likely need the help of an attorney to resolve this. Good luck.

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  • Can I get money back for services unrendered?

    We have purchasing voice phone service and internet bandwidth from our provider for over a year now but we have never been able to use the phone service. When I inquired as to why the phone wasn't working, they said it was because we did not have...

    Jonathan’s Answer

    At issue is why you didn't act sooner to take some affirmative action to either have the equipment question resolved or terminate the service. At this point, you are likely to need the services of a business/contract attorney to help you unravel the problems to find the facts and get to a solution.

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  • Can custodial parent take away cell phone

    I bought my 17 yr. Old daughter a cell phone that I pay the bill on cause her father hardly ever let's me have communication with my kids. I do have visitation and phone rights. Can he take away the cell phone that I provide?

    Jonathan’s Answer

    A custodial parent usually has very broad rights to control the activities of a minor children while the child is with that parent. From your question, it seems that the larger issue is that the father may not be complying with the visitation order in effect. You will want to talk with your family law attorney to determine whether your rights to communicate with your daughter are not being honored by the father.

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  • I lend money to a guy that I was dating for a short time. He promised by text that he will pay me in 2 weeks.

    He asked to borrow $500.00 and I have proof by texts that I asked him multiple times to pay me back. On the last text he send me, he clearly stated that he will not pay me because I was such a B$$$. I have court date this month and I already serv...

    Jonathan’s Answer

    In addition to the wise counsel you've already received from the other attorneys who have replied, let me say that it is very important that you print out a minimum of three copies of the text messages to hand to the defendant, if he shows up, and also to hand to the judge (you'll keep one for yourself). If you can't print out the message from you phone, take pictures of the phone's screen containing the messages and print those out.

    Don't delete the messages from your phone, and take the phone (fully charged) with you to court in case the judge wants to see the original messages. Be prepare to quickly show the judge the texts on your phone if requested.

    As for collecting if you get your judgment, the other attorneys who have already responded have given you good information.

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  • How do I find out if US cell has a class-action lawsuit against them

    And if they don't how would i go about to starting one

    Jonathan’s Answer

    Perhaps you're thinking about this: http://www.fiercewireless.com/story/us-cellulars-50m-payoff-subscribers-over-billing-errors-will-impact-q4-resu/2014-01-07

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  • Can I force V e r i z o n to have to work with me to gain access to an easement in my yard?

    V e r i z o n has a utility box in my yard and I am fine with them accessing it except for 1 thing. They never inform me that they are coming or even knock on my door to let me know they need to access the property. I have 2 dogs so I have a 6 f...

    Jonathan’s Answer

    The first question you need to have answered is whether Verizon placed their box in the public right-of-way (PROW), or on your property outside of the PROW. You'll want to consult with your local government permit agency such as the City Engineer or Public Works to find out if they have the records to show whether the box is in the PROW and subject to their authority.

    You may need to involve a real property attorney to help you.

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