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Can any legal action be taken against a company whose employee accessed my personal information for spamming / possible fraud ?

Lodi, NJ |

I had traded in my I Phone for credit when upgrading my plan . They ship those trade ins to a recycling company . The store claims that they wiped all the data out of my phone , but I did not witness it . Approx 30 - 45 minutes after the phone was picked up by the shipping company , my Face book and email accounts were accessed to send Spam to most of my contacts . Also , some contacts on my phone got suspicious text messages from that I Phone . My email contained correspondence from my bank and credit card companies as well as some bookkeeping records . I am concerned that through negligence / intentional actions , both parties have exposed me to identity theft and financial loss . These events occurred in NJ , on Monday the 25th . I plan on contacting law enforcement soon .

Attorney Answers 2


It's an interesting question, that's for sure.

Some of the activity you're reporting may have its genesis elsewhere, as email and FB accounts are hacked all the time. As a practical matter, you should change your passwords frequently, and use a combination of letters, numbers, and symbols (i.e. Open123@...but don't use that one, it's a terrible password.) The first step towards protecting privacy is making it harder for people to get your info.

Secondly, the timing is very suspect, and you're going to have to prove that small window.

I recommend talking to your local police department and filing a report. Let them investigate it.

Be advised, you may have claims for breach of contract, consumer fraud, and other causes of action in addition to a privacy issue. Save all your documentation .

The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.

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Start with a police report. Let that process determine if a crime has been committed first. Thereafter with hopefully additional information from a criminal investigation you will have additional facts to contact a local identity theft attorney for further action.

No representation is made that the legal services provided are greater than legal services provided by other lawyers. This answer neither creates an attorney-client relationship, nor does it create an ongoing duty to respond to further inquiries.

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