Expert: Jack Toomey - 7/28/2008

Question
My roommate and I live in Colorado. We are being harassed and threatened by someone she knew in Las Vegas. We have contacted AT&T (our provider as well as his) but they say all we can do is change our numbers, which we have both done several times. I own a business for which I must have a public presence, so my phone number must be available so it doesn't take long before he gets it again, and he always finds her unlisted one somehow anyway.

He is threatening, abusive, offensive, and vulgar. We have tried to ignore it, but it is emotionally draining and frightening, and has become a financial burden on both of us We are not sure where to turn. We don't know if the police can do anything because we are in different states and AT&T won't do anything besides the number change. He also does the same thing via e-mail, so would probably just escalate that if we could block him on the phones anyway.

We do know that his parents support him financially (he is 32) and that he is on his father's company cell phone plan. We think that if the father's business is affected by his son's actions he may pay attention to our requests that he do something.

Not wanting to make idle threats, my questions are:

1. Is there anyone we besides the service providers that we can talk to for help?
2. As the contract holder on the services, is the father liable for his behavior?
2. If so (a) what are his legal responsibilities regarding usage of service under his contract? (b)what would be the best course of action to motivate him to step in?
3. If we could take action against the father how would we do so and would it be criminal or civil?

Thanks,
Truly

Answer
Hi,

  You seem to have done everything except call the police.  Obviously laws are being broken and AT&T cannot arrest anyone or press charges against anyone.  In MY state it is a crime to particpate in a harrassing or obscene phone call whether make the call in MY state or in another state.  I'd suggest that you call the police as soon as possible.

  Unless the father is encouraging someone to make the calls then your only action against him would be civil and that would be a stretch since the son is an adult.  I'd be surprised if you could get an attorney to take such a case.