Hang Up on Harassment: Dealing with Cellular Phone Abuse
"2. What can I do if I am receiving harassing calls on my cell phone?
Cell phone carriers recommend that you contact the police first because they have expertise in personal safety. Forty-four states now have laws that explicitly include electronic forms of communication within stalking or harassment laws. For specifics please see www.ncsl.org/programs/lis/cip/stalk99.htm. In California, the law (Cal. Penal Code § 653m, Penal Code §§ 422-422.1) protects individuals who are harassed by electronic devices, including telephones, cell phones, computers, video recorders, fax machines, and pagers. For the full text of the law, go to www.leginfo.ca.gov/calaw.html.
You should file a report with the police department. This is important to ensure that you can get a subpoena. A subpoena is a court order demanding the production of evidence. Filing a report is not a guarantee that you will get a subpoena however. Depending on the resources of your local police station, your complaint may not be fully investigated. We recommend that you file the report as a first step because most cell phone carriers will not reveal customer information, including a harasser's identity, without a subpoena.
Some cell phone carriers have corporate security divisions that will work with you to stop the harassing calls. You should call customer service after filing your police report and determine if your phone carrier will assist you without a subpoena. If your phone carrier does not offer this option you can consider filing a civil suit against your harasser and subpoena the information from the phone carrier as part of your lawsuit.
Unlike traditional "land-line" phones, you may not be able to block incoming callers to your cell phone. However, you should record the date, time, and description of each call, and save any messages you receive. This information is essential evidence in helping the police and the cell phone carrier investigate the harassment. If you think that the messages will be deleted before you are able to get a subpoena, it is a good idea to play the message into a tape recorder.
Many cell phone carriers have developed services designed for parents who want to limit the cell phone usage of children. The services may include the ability to block certain numbers from texting or calling the cell phone. While these services are designed for parents, they may also be useful for victims of cell phone harassment.
There are several technological solutions available. Some services allow users to create lists of authorized contacts, and inbound calls that are not part of an authorized list can be redirected to a recorded message that states the telephone number has been disconnected. If the harasser is using a blocked or restricted number, some technological solutions will redirect incoming calls to an 800 number before sending it to the cell phone. The blocked number is then unmasked. Spoofed number may not be unmasked using this method. Privacy Rights Clearinghouse does not endorse specific products...."
-- Fact Sheet 2a:
Hang Up on Harassment: Dealing with Cellular Phone Abuse
Cell phone carriers recommend that you contact the police first because they have expertise in personal safety. Forty-four states now have laws that explicitly include electronic forms of communication within stalking or harassment laws. For specifics please see www.ncsl.org/programs/lis/cip/stalk99.htm. In California, the law (Cal. Penal Code § 653m, Penal Code §§ 422-422.1) protects individuals who are harassed by electronic devices, including telephones, cell phones, computers, video recorders, fax machines, and pagers. For the full text of the law, go to www.leginfo.ca.gov/calaw.html.
You should file a report with the police department. This is important to ensure that you can get a subpoena. A subpoena is a court order demanding the production of evidence. Filing a report is not a guarantee that you will get a subpoena however. Depending on the resources of your local police station, your complaint may not be fully investigated. We recommend that you file the report as a first step because most cell phone carriers will not reveal customer information, including a harasser's identity, without a subpoena.
Some cell phone carriers have corporate security divisions that will work with you to stop the harassing calls. You should call customer service after filing your police report and determine if your phone carrier will assist you without a subpoena. If your phone carrier does not offer this option you can consider filing a civil suit against your harasser and subpoena the information from the phone carrier as part of your lawsuit.
Unlike traditional "land-line" phones, you may not be able to block incoming callers to your cell phone. However, you should record the date, time, and description of each call, and save any messages you receive. This information is essential evidence in helping the police and the cell phone carrier investigate the harassment. If you think that the messages will be deleted before you are able to get a subpoena, it is a good idea to play the message into a tape recorder.
Many cell phone carriers have developed services designed for parents who want to limit the cell phone usage of children. The services may include the ability to block certain numbers from texting or calling the cell phone. While these services are designed for parents, they may also be useful for victims of cell phone harassment.
There are several technological solutions available. Some services allow users to create lists of authorized contacts, and inbound calls that are not part of an authorized list can be redirected to a recorded message that states the telephone number has been disconnected. If the harasser is using a blocked or restricted number, some technological solutions will redirect incoming calls to an 800 number before sending it to the cell phone. The blocked number is then unmasked. Spoofed number may not be unmasked using this method. Privacy Rights Clearinghouse does not endorse specific products...."
-- Fact Sheet 2a:
Hang Up on Harassment: Dealing with Cellular Phone Abuse