Hello - I have a question about a remote computer monitoring service that I have had a membership with for almost a year now. After having some concerns that my husband was possibly having an affair, I signed up for a membership with this very well known computer monitoring company that advertises their services ability to log key strokes, all the programs the user accesses, while also monitoring any Instant Messages, as well as Emails, and so on and so forth. I downloaded this program onto my husbands lap top computer and watched daily the data it has logged about his activity for almost a year now. The data that has been recorded and logged have been sites that suggest hooking up with escorts, various pornography sites, hidden email accounts - just a whole array of websites that have lead me to believe that my husband was a sick and disturbed sex addict - not to mention pathological liar from how he would emphatically deny his ever going to the sites that this monitoring company was reporting that he had been going to.Over the last two months - we have been on the brink of splitting up and filing for divorce as this has been an agonizing and tumultuous year from everything this company has reported him doing. Last night as my husband and I were discussing -yet again- the things that this company had logged about his activity - and he was also -yet again -denying it all - He finally asked me to just sit with him and watch him for 30 minutes - while he showed me the things he does on his computer on a daily basis. The programs he uses - the email accounts he has - and everything else he normally access's - then afterwards we would log on to this monitoring site to see what had been recorded. I agreed and sat with him for 30 minutes and meticulously watched the things he was doing - which were just normal everyday harmless things... Afterwards, I logged onto the monitoring site - and was completely shocked to see the things that were logged during that time frame I was watching him - they were reporting things that were never accessed during the entire time I sat with him and watched everything he had accessed. Along with the data that he had done which was correctly logged, it had also logged a false Facebook account, a false yahoo email account and a few eBay searches... I saw with my own eyes that he never once accessed any of those things... I can't even begin to explain the shambles I've been in over the data this monitoring site has been reporting, the emotional havoc alone has been so harrowing I can't even put it into words. I do not believe that this monitoring service - which by the way - is acclaimed as one of the best out there - is maliciously reporting false information to just "mess" with people - but I can't understand for the life of me how it is reporting such inaccurate data. Data that has almost destroyed our family, and has been putting us through relentless agony... I have sent this monitoring company an urgent message (ticket) advising them of this situation, and am currently still waiting for their response. I was just hoping to get some legal advice about all this - in regards XXXXX XXXXX options there may be. I would hate for anyone else to go through the agony that we have gone through because of the falsities of what they have been reporting. Any advice or light on this situation would be so greatly appreciated. Thank you very much for your time.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.We cannot give you legal advice. We can only answer general legal questions. If you are asking if you have legal recourse against the company, the answer is that you would have to review the terms of service of the agreement to see what the service promises or doesn't promise to see if they violated any of the terms. Also, you mentioned that the computer was your husband's and not yours. Keep in mind that downloading a tracker onto a computer that is not yours could be considered criminal behavior and people have been charged criminally for doing such things. Please let me know if you need any clarification.
Experience in consumer litigation and FDCPA matters
YIKES!! That's scary - Thanks for the heads up! Luckily my husband gave me his permission to install the software onto his computer. He thought that it was going to hold him accountable plus he liked the idea of it proving that he wasn't doing anything wrong. (Little did we know!) Well, thank you so much for your time and responding back to me, I appreciate it! :)
You are most welcome!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).