|
What can I do if I am receiving harassing calls on my cell phone?
 |
Cell phone carriers recommend that you contact the police first because they have expertise in personal safety. Forty-four states now have laws that explicitly include electronic forms of communication within stalking or harassment laws. For specifics please see www.ncsl.org/programs/lis/cip/stalk99.htm.
In California, the law (Cal. Penal Code paragraph 653m, Penal Code paragraphs 422-422.1) protects individuals who are harassed by electronic devices, including telephones, cell phones, computers, video recorders, fax machines, and pagers. For the full text of the law, go to www.leginfo.ca.gov/calaw.html.
You should file a report with the police department. This is important to ensure that you can get a subpoena. A subpoena is a court order demanding the production of evidence. Filing a report is not a guarantee that you will get a subpoena however. Depending on the resources of your local police station, your complaint may not be fully investigated. We recommend that you file the report as a first step because most cell phone carriers will not reveal customer information, including a harasser's identity, without a subpoena.
Some cell phone carriers have corporate security divisions that will work with you to stop the harassing calls. You should call customer service after filing your police report and determine if your phone carrier will assist you without a subpoena. If your phone carrier does not offer this option you can consider filing a civil suit against your harasser and subpoena the information from the phone carrier as part of your lawsuit.
Unlike traditional "land-line" phones, you are not able to block incoming callers to your cell phone. However, you should record the date, time, and description of each call, and save any messages you receive. This information is essential evidence in helping the police and the cell phone carrier investigate the harassment. If you think that the messages will be deleted before you are able to get a subpoena, it is a good idea to play the message into a tape recorder.
|
Comments-10 Votes  
Add a Comment
|
| Your Name or Nickname |
|
| Your E-mail |
|
| Comment |
|
| Confirmation code |
|
|
|
|
|
