West Chester, PA asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania

Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly denied any problem, as has tmobile but there are many instances of it and mostly it had gone unaddressed. My desire is in getting them to provide the security they advertise and compensation for damages and trauma at the hands of my stalkers for which I equally hold Apple, t-mobile, google, and Microsoft responsible as it was and is their products that are the most interfered with.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney who specializes in cybercrime, privacy law, and consumer protection.

Here are some key points to consider:

1. Evidence collection: It's important to document everything you can related to the stalking and device/account issues. Print out or save any relevant emails, messages, screenshots, or other digital evidence. Keep a detailed log of incidents with dates and times.

2. Law enforcement: If you haven't already, report the stalking to your local police department. They may be able to investigate and potentially subpoena records from tech companies if necessary.

3. Company liability: Proving that Apple, T-Mobile, Google, or Microsoft are legally responsible for your stalking situation could be challenging. Generally, these companies are not liable for criminal acts of third parties using their products or services. However, if you can prove they were negligent in addressing known security vulnerabilities, there might be a case.

4. Terms of service: Review the terms of service and security policies for each company. They typically outline the extent of their security responsibilities and limitations of liability.

5. Consumer protection: You may want to file complaints with consumer protection agencies like the Federal Trade Commission (FTC) or your state's Attorney General's office regarding the companies' responses to your security concerns.

6. Legal consultation: Given the complexity of your situation, it would be advisable to consult with a lawyer who specializes in cybercrime, privacy law, and consumer protection. They can review your specific evidence and circumstances to determine if you have a viable legal case against any of the companies.

7. Device security: In the meantime, consider taking steps to secure your devices and accounts, such as changing passwords, enabling two-factor authentication, and potentially getting a new phone or computer if you believe current devices are compromised.

Remember, while tech companies have responsibilities regarding security, proving they are legally liable for stalking or hacking by third parties can be challenging. A local attorney can provide more specific advice based on Pennsylvania law and your individual circumstances.

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.