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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My cell phone is in my name only. Without my knowledge, My

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My cell phone is in my name only. Without my knowledge, My husband installed a cell phone recon device on my blackberry and retrieved all of my old text messages. He also somehow got ATT to recover old emails of mine. He changed my password XXXXX my email account and retrieved these emails. Finally, he put a GPS tracker on my car. I found an invoice showing that He purchased these items from a company called Brickhouse Security. Can I sue or file charges against my husband and Brickhouse Security.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation.

Can I sue or file charges against my husband and Brickhouse Security.

Likely, yes.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, this may very well be a case for invasion of privacy. One can request punitive damages as well as legal/attorney fees.

Hacking - including recon devices and other means, are illicit under Ga. Code § 16-9-93 et seq. As such, a complaint may be made and he may be criminally charged (this would be up to the prosecutor). The same is true of a GPS on one's car.

Likely, they are not liable here. They did not actively engage in any illicit activity, but only provided items to your ex who did. They cannot be pursued in Court as they were not involved in the matter directly. However, he was, and may be.

I hope this helps and clarifies. Good luck.

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