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

Q: How do 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. It's only legal when you are a child, but when you are an adult it's HIGHLY illegal! I know this because I called a lawyer to confirm it. He said it's an invasion of privacy and she could possibly go to jail. I did my research thoroughly, I am confident that I will win. I don't want her to go to jail, I just want to file a lawsuit. How do I sue her and what steps should I take?

EDIT: I do indeed have a password protecting my phone. I've always had. So I am not sure how physical access was gained to my phone.

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

A: There is not a suit for money damages in my opinion. But if you want to spend attorneys fees to investigate their might be someone who will take your money. If you believe your privacy was criminality violated you can ask the police to prosecute. But the family secure app may require a family plan. If you are on a family's plan, is it really your phone? Then comes the question of why you do not have a password protecting the phone?

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: In your question, you state that you spoke with a lawyer, who told you that what your mother did was an invasion of privacy and potentially criminal as well.

You also state that you did your homework and are confident in the outcome of a lawsuit. against her for her actions.

If you already spoke with a lawyer about your mothers' actions and he told you that her actions amounted to an invasion of privacy, then I would hire him to represent you in that lawsuit.

Candidly, I don't share his sense of confidence nor yours and therefore cannot be of assistance to you.

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