PARTIES
Alex is a law-abiding male adult of sound mind and a resident of [Insert Address & ZIP Code] (hereinafter referred to as the “Complainant”).
Gonzalez is a female adult of sound mind licensed to practice law in the State of Florida (hereinafter referred to as the “Respondent”).
JURISDICTION AND VENUE
Jurisdiction is proper pursuant to the Rules Regulating the Florida Bar enacted by the Supreme Court of Florida.
Venue is proper before The Florida Bar because the causes of action herein took place within the State of Florida. At all times in this Complaint, Respondent was an attorney licensed to practice law in the State of Florida.
STATEMENT OF FACTS
Complainant owns a T-Mobile account with 4 lines listed on it. Mayra is Complainant’s [sister/daughter]. Respondent was her legal counselor. Complainant assigned one of the lines to Mayra, and Respondent had access to it.
Due to default, Complainant cancelled the service and changed the sim card to 8901260444788669618F. He did not authorize Mayra to make any changes on the T-Mobile account.
On 03/28/2022, Complainant changed the sim card to cancel service on Mayra’s phone line.
On 03/29/2022, Complainant was notified that a T-Mobile location had granted unauthorized access to his account. He called T-Mobile to inquire what had happened and why an unauthorized person was granted access to his account. Complainant found out that some unauthorized changes were made on his account. The sim card that Complainant had changed on 03/28/2022 was changed to 8901260448771822696F. The T-Mobile supervisor began an investigation under case no. 32922920506.
When Complainant confronted Respondent about it, she stated that it was the T-Mobile representative who authorized that access, and not her or her client. Respondent failed to disclose how the access was granted to an unauthorized user and the kind of request made to the T-Mobile in regard to verification of identity.
As a result of Respondent allowing unauthorized access to Complainant’s T-Mobile account, T-Mobile now have to conduct an investigation and no one knows how long it will take. Complainant has been, and continues to be greatly inconvenienced by the investigation as he does no longer have full access to his T-Mobile account.
ARGUMENT
Violation of 2021 Florida Statutes § 815.06
Complainant hereby incorporates the foregoing facts and allegations as though set out in full herein.
2021 Florida Statutes § 815.06(2) provides in pertinent part as follows: “A person commits an offense against users of computers, computer systems, computer networks, or electronic devices if he or she willfully, knowingly, and without authorization or exceeding authorization; (a) accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized or the manner of use exceeds authorization.”
Complainant meets the definition of a user as provided in 2021 Florida Statutes § 815.06(1). As the owner of the T-Mobile account, he is the one who had, and still has, authority to operate the account as well as all the lines linked to it.
Respondent knew that Complainant had changed the number of the line and that Complainant did not want anyone else to gain access to that line. However, she still allowed an unauthorized person to gain access to the account and even change the number of the line.
Respondent placed blame on a T-Mobile representative who did not have access to the account without regard to the employment of the representative.
Complainant has suffered, and continues to suffer a broken business relationship with T-Mobile as well as restricted access to his own account.
Intrusion of Privacy
Complainant hereby incorporates the foregoing facts and allegations as though set out in full herein.
Complainant made it clear that he did not want anyone else to have access to the line and even changed the number. He intended that only he himself has access to the line. That way, he secluded the line.
Respondent allowed an unauthorized third party to gain access to the account and further change the number on the line whereas Complainant had expressed that only he alone would have access to the account.
Complainant continues to be unable to fully access his account and enjoy full functionality and features of the account as a result of an investigation into Respondent’s actions.
PRAYER FOR RELIEF
REASONS WHEREFORE, Complainant respectfully requests The Florida Bar to grant him the following reliefs:
- INSTITUTE an investigation into the conduct of Gonzalez and subsequently find her in violation of 2021 Florida Statutes § 815.06 and liable for intrusion of privacy;
- AWARD Complainant the costs of this Complaint; and
- AWARD Complainant such further relief as The Florida Bar deems proper in the circumstances.
Dated this 31st day of March, 2022.
Respectfully Submitted,
___________________________________
[Your Full Name],
Complainant
VERIFICATION
I, [Your Full Name], being duly sworn depose and say that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this 31st day of March, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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