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About Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > Harrasment Phone calls

Criminal Law - Harrasment Phone calls


Expert: Jack Toomey - 11/22/2006

Question
Jack,  I have been receiving repeated recording phone calls from Nextel, on my business line. This has continued for about 2 days. The recording asks for person to call who has never worked for us and no knows. I called Nextel and was told,this person had given our business number as his home number. They were sorry for the inconvenience and would place an order to stop the phone calls.  I kept on receiving calls. I called Nextel back and explained to them they were calling a business, please stop calling, release our phone line. The constant interruption for our employees trying to serve customers and process credit cards are debilitating our business. Again they were sorry and said it could take up to 24 hours to 30 days to stop the calls.  This was totally unacceptable. So here I am day 3 hoping they have removed the automatic phone recording to our business. Do they have the legal right to put recorded messages on my phone line when I have asked them to remove it?  How can I stop this in the future? What are my recourses with Nextel?  Thank-you  

Answer
Kim,

   You know the same thing happened to me with a different company?  A former worker had given our office phone as his business phone and we contined to get calls for him even though we said he no longer worked with us.  But of course in a large company there is no accountability and no one bothers to note that in their computerized notes and the calls continue.  I will tell you what we did.  Obvously you cannot get a warrant for a large company and there is nothing that the police can do because one element is missing and that is criminal intent.  In other words someone has to have the intention of harrassing you before it becomes the law.

    We looked up web sites where you can register complaints and tell your long story and post it.  We posted our story on about five sites (honestly I can't remember their names but they are fairly easy to find by simply entering the word "complaint, without the quotation marks, in Google and you will get the sites.  Well after awhile the calls stopped and we got a call from someone in the customer relations department who said she was very sorry and the calls stopped.

     Depending on what state you live in you could be breaking the law by recording the incoming phone calls without the permission of the caller so I would not do that.

   So that is one thing to do.  The second is to sue Nextel in your local small claims court for the maximum amount allowed but you have to be able to prove that Nextel took away that much money from your productivity, etc.

  Let me know if any of this is not clear.

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