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lwpat
lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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By law how long does a cell phone company keep text messaging

Resolved Question:

By law how long does a cell phone company keep text messaging records? In a divorce case how far back can these records go if they are kept?
Submitted: 6 years ago.
Category: Legal
Expert:  lwpat replied 6 years ago.
It depends on the particular carrier. Verizon usually has them for about four months but you can get records of the numbers called much further back than that. However, text messages do not prove adultery, you still have to put the two of them physically together. The text messages will show what is called inclination but you also have to show opportunity.
Customer: replied 6 years ago.
Do you know how long AT&T or Alltel keeps them? In all probability, text messages can be used in a divorce proceeding and be twisted and implied differently than what they were intended, right?
Expert:  lwpat replied 6 years ago.
In all probability, text messages can be used in a divorce proceeding and be twisted and implied differently than what they were intended, right?

That is correct.

I do not know on those two but it is probably about the same.
Customer: replied 6 years ago.
So, would you recommend refraining from texting for four months to protect yourself from records being subpoenaed? After four months, all he can get is the list of numbers that have been texted to, no text content?
Expert:  lwpat replied 6 years ago.
I would recommend no contact whatsoever that could be construed as adultery.
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