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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience:  Explains legal matters based on 14+ years experience.
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I took my iphone in for a repair and the tech that fixed my

Resolved Question:

I took my iphone in for a repair and the tech that fixed my phone took pictures of a private conversation and took a picture of a picture i had in my phone and sent them to his friends,The friend he sent it to knew my son and sent the pictures to him. Is there anything I can do leagally to this well know communication company?
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am so sorry to learn of your experience. What that tech did was clearly improper and you have every right to be very upset.

Let me ask you this, embarrassment aside, what are your damages? What outcome are you seeking?
Customer: replied 1 year ago.

I am afraid of the potential loss of required security clearance for my job which would result in loss of employment and potential HIPPA violations. Public humiliation to my son and the invasion of our privacy.


Outcome: I am constantly worried about the potential compromise of additonal information from within my phone. I am seeking a monetary resolution to the continuous looming threat of potential loss of employment and benefits after 15+ years, the potential loss of professional license = loss of career, loss of home due to unemployment, loss of personal property etc.


 


The communication company was going to investigate this and contact me but i have not heard from them.

Expert:  JB Umphrey replied 1 year ago.
Do you work in health care? In other words, are you a nurse or doctor and was patient information of someone you treated released?
Customer: replied 1 year ago.

yes, I am a nurse. No patient's name but a patients phone number, also had pictures of medical equipment and a text to my housekeeper on my home security code.

Expert:  JB Umphrey replied 1 year ago.
Thank you. Was this a work phone or a personal phone?
Customer: replied 1 year ago.

personal phone

Expert:  JB Umphrey replied 1 year ago.
Thank you. Does your employer allow you to store patient information on a personal phone?
Customer: replied 1 year ago.


No . . . however, the phone number stored in my phone was known by my boss because I was unable to connect to the patient, for some reason, due to the blocking of outgoing calls on our phone system. My boss allowed me to use my cell phone to contact the patient. That's one of the potential threats I refering to. If the hospital finds out . . . my boss could potentially deny that she autorized that call.

Expert:  JB Umphrey replied 1 year ago.
Thank you. Given those circumstances, you may not want to raise that possible HIPAA issue.

What you've described is wrong and it can be considered to be an invasion of privacy.

You may want to start by contacting the company and complain and see if they make an effort to make things right with you.

If you wanted to, you could sue in small claims court for money damages. Very honestly, you'll have to think long and hard at how you'll arrive at a dollar amount to convince the judge that it's a reflection of your actual damages. Keep in mind, you cannot recover for potential/future losses. The law doesn't allow for speculation. You can, however, recover for actual losses/damages. If you have actual out of pocket losses right now, you can sue for that.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 3 other Legal Specialists are ready to help you
Expert:  JB Umphrey replied 1 year ago.
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

Otherwise, if I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.

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