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
  • Short Hills, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.