Legal Question in Civil Litigation in Florida

breaking into someones cell phone acount

I had a friend who knew all my account #'s break into my cell phone account. She clicked on pay a bill with a credit card that was already on file and she paid $555.00 to my account. It overdrafted my account and everything. Is there some sort of legal action I can take

Asked on 10/23/07, 10:52 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: breaking into someones cell phone acount

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can sue this friend for damages in a court of law. You should also report this activity to the police and they will prosecute her criminally. Once you file a police report, you can then file a fraud report with your credit card company. They may still hold you responsible since you apparently gave your friend all of this information and made your phone available to her to enable her to "break in".

Scott R. Jay, Esq.

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Answered on 10/23/07, 11:12 am

Alan Wagner Wagner McLaughlin, P.A.

Re: breaking into someones cell phone acount

Cretainly. You have a claim for the damages she caused (the overdraft fees and the like, not the $555 payment to the CC company, you owed that anyway).

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Answered on 10/23/07, 5:05 pm

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