Jersey City, NJ asked in Criminal Law, Family Law and Constitutional Law for New Jersey

Q: Can I sue my mother for placing a tracking app on my phone?

I live in New Jersey. I am 25 years old. I just found out that my mother placed a tracking app on my phone called AT&T Secure Family. I heard that it's against the law to put a tracking app on an adult's phone without permission. Can I legally sue?

Leonard: I do not appreciate your rude response. I was not just unfairly treated. I had an abusive childhood, physically and verbally. You don't know what I have been through. I am suing my mother over invasion of privacy! My mother is a narcissist!

I also suspect that she is wiretapping me.

4 Lawyer Answers
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Let's approach this issue differently for a moment. Let's assume that your mother did install an app on your phone and that it was done without your permission. At age 25, what is it that your mother is going to find out about you that you care less about any longer? I am not trying to diminish the inappropriateness of the tracking app, but you are now an adult, and I am trying to understand the value in a lawsuit against her. I am guessing that your mother does not understand boundaries and wants to know where you are at all times but having discovered the app, you were able to turn it off and end your mother's ability to track you. Alternatively, your mother says that you had to give your permission for the app to be installed on your phone and she simply sent you a link and you clicked on it and accepted your permission request.

Here is my take.... threatening your mother and being angry at her for her inability to let go or for her inability to process boundaries will only hurt her in the end since it will drive you away from her. If you litigate against her, you are continuing to waste/expend energy. Move on and please tell me that you are not on the same cell phone plan with your mother.

H. Scott Aalsberg Esq. agrees with this answer

James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: Sounds like you are on your moms cell phone plan. Otherwise she would not be able to activate the feature which is put there by ATT for a family plan. You cannot sue as there is no cognizable claim for damages. You can try to convince the police to do something. But there may be permanent consequences in the family dynamic.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: There is no legitimate basis to file a lawsuit. You are obviously on a family plan. You can have it turned off and removed by AT&T. I seriously doubt any legitimate ethical attorney would take your case. Just because you feel you were unfairly treated does not mean you sue a family member. Get it removed and move on.

H. Scott Aalsberg Esq. agrees with this answer

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: There is no legitimate basis to file a lawsuit. You are obviously on a family plan. You can have it turned off and removed by AT&T. I seriously doubt any legitimate ethical attorney would take your case. Just because you feel you were unfairly treated does not mean you sue a family member. Get it removed and move on.

H. Scott Aalsberg Esq. agrees with this answer

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