February 25, 2014

Cellphone Company Hands Over 50,000 Text Messages in Divorce Case

A cellphone company is facing criticism after turning over more than 50,000 text messages in a divorce case where a protection order was in place.

A protection order is implemented by the courts, and serves as a temporary restraining order during divorce proceedings. During this time, contact between spouses is restricted.

Justice Donald Alexander criticized U.S cellular for violating federal privacy laws after the company supplied a lawyer with thousands of text messages despite there being a protection order over the case.

Subpoenaed Text Messages Violated Protection Order in Divorce

The judge alerted state and federal prosecutors about U.S Cellular’s practices, stating that the company violated the terms of the federal Stored Communications Act which protects an individual’s right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

The lawyer for the husband was suspended for six months for improperly using subpoenas to gain access text messages between his client’s wife and another man.

Filing for Divorce in Alberta? Contact Us

Filing for divorce in Edmonton, Alberta? Contact the experienced divorce lawyers at McGlashan & Mackinnon. We are committed to helping you through the divorce process, and will ensure that your needs and interests are protected.