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Bizarre Verizon Subpoena---What is This About?!

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Worried1990

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Today, I got a bizarre piece of mail from Verizon. It’s a subpoena on my phone number for a period of time in the spring of 2013. The letter goes on to inform me that I can file a motion for a protective order against this action. I used this phone when I was off at college, and I honestly have never used it for much more than to call my mother and occasionally text family members. The phone records are slated to be released to a personal injury lawyer who deals in serious injuries like car accidents. This makes absolutely no sense, as I have never been involved in an accident. I have no desire to quash the order since I’m happy to have my phone records released, but I’m still confused about why this was sent to me.

It doesn’t make sense---the subpoena document says that the parties involved are between the Taco Bell Corporation and Yum! Brands, versus a guy named Sam. I looked this guy up, and one person fitting his name shares a mutual friend on Facebook, but I otherwise have no idea who he is. I’ve never had any contact with him that I’m aware of, and I’ve certainly never been in touch with the Taco Bell Corporation. My name is not mentioned on the subpoena at all.

First question: Am I going to need to respond to this subpoena? From the looks of it, I don’t have to do anything unless I want the quash the order. Am I right in assuming this? Should I get a lawyer involved? Also, should I attempt to contact any of the parties involved to see what’s going on?

Second question: What on Earth could this possibly be about?

Any insight into this would be HUGELY appreciated. Thanks!
 
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justalayman

Senior Member
Without knowing more about the situation it sounds like they are after some communications between you and one of the parties of the suit. Personally i would not simply ignore the subpoena although if you simply wish to acquiesce to the subpoena that is exactly what you can do.

Who sought the subpoena: Taco Bell or Sam?
 

tranquility

Senior Member
You have not been subpoena'd, Verizon has. It is a third party subpoena for records held by them in regards to your phone number. They have a duty, before they send out the information, to notify you. You can choose to ignore the notification and the information will be turned over, or, move to quash the subpoena.
 

Worried1990

Junior Member
Without knowing more about the situation it sounds like they are after some communications between you and one of the parties of the suit. Personally i would not simply ignore the subpoena although if you simply wish to acquiesce to the subpoena that is exactly what you can do.

Who sought the subpoena: Taco Bell or Sam?

It's not immediately clear to me who issued the subpoena. It's just marked state/plaintiff as the party requesting the subpoena. I have been given contact information for the applicant's lawyer. Perhaps I should contact him and see what this is all about?

The reason I'm thinking about just acquiescing to the subpoena is because there seems to be no point in resisting it. I have nothing to hide, and I'm perfectly willing to be cooperative.

The thing is, I don't know any of these people or what they could possibly want from me. This makes absolutely no sense.
 

tranquility

Senior Member
I would contact them as I don't really see why they would subpoena your records before just giving you a call. It seems like they want to join you into a lawsuit. (Make you a defendant as well.) Otherwise, why are your phone records more important than just talking with you?
 

Worried1990

Junior Member
I would contact them as I don't really see why they would subpoena your records before just giving you a call. It seems like they want to join you into a lawsuit. (Make you a defendant as well.) Otherwise, why are your phone records more important than just talking with you?
But why would they want to make me a defendant in a case that doesn't even involve me? I've never had any dealings with Taco Bell, I've never been in an auto accident, and I have no idea who this Sam guy is. None of it adds up.
 

tranquility

Senior Member
But why would they want to make me a defendant in a case that doesn't even involve me? I've never had any dealings with Taco Bell, I've never been in an auto accident, and I have no idea who this Sam guy is. None of it adds up.
What does add up is the plaintiff attorney wants your information for some reason. He took the time to make up a subpoena and everything. Do you think attorneys like wasting time?

Call the man. Stop guessing.
 

CavemanLawyer

Senior Member
Whenever a party subpoena's records from a service provider they are required to inform the account holder, (exceptions for criminal cases if ordered not to release.)

When did you acquire that phone number and when did you stop using it, if you did? Check the copy of the subpoena they sent you and see what the date range of records are that they are requesting. Does the date extend either before or after you used that number? Perhaps someone involved in the suit had your phone number before or after you did. It is very common to subpoena phone records in vehicular accident cases to see if the driver was on their phone at the time of the accident, which would go towards them being inattentive or otherwise at fault for the wreck.
 

Worried1990

Junior Member
Whenever a party subpoena's records from a service provider they are required to inform the account holder, (exceptions for criminal cases if ordered not to release.)

When did you acquire that phone number and when did you stop using it, if you did? Check the copy of the subpoena they sent you and see what the date range of records are that they are requesting. Does the date extend either before or after you used that number? Perhaps someone involved in the suit had your phone number before or after you did. It is very common to subpoena phone records in vehicular accident cases to see if the driver was on their phone at the time of the accident, which would go towards them being inattentive or otherwise at fault for the wreck.

The timespan the subpoena requests is in the frame when I used my phone in college, but I never used it for much more than to call home and maybe text a cousin or classmate. I've never been attached to my phone in the way that some people are. It is a "dumb phone" after all. Texting and driving was the first thing that came to my mind when I thought of why a traffic lawyer would want to subpoena phone records. In fact, I did some research, and the lawyer who issued the subpoena is active in the community in encouraging people not to use their phones behind the wheel. But see, here's the thing---I wasn't driving at all during that period of time. I'm a bit phobic and overly cautious when it comes to driving, and I certainly don't text and drive. I have a lot of contempt for distracted driving. I've never been in an accident either.

Of course, it's possible that one of the parties had my number for some reason. Anything's possible, but I just have no reason to believe that any of them would want to call me. I called up the office of this attorney and explained the situation. The assistant seemed confused and said they'd get back to me. I haven't heard anything the last few days.
 
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LdiJ

Senior Member
The timespan the subpoena requests is in the frame when I used my phone in college, but I never used it for much more than to call home and maybe text a cousin or classmate. Texting and driving was the first thing that came to my mind when I thought of why a traffic lawyer would want to subpoena phone records. In fact, I did some research, and the lawyer who issued the subpoena is active in the community in encouraging people not to use their phones behind the wheel. But see, here's the thing---I wasn't driving at all during that period of time. I'm a bit phobic and overly cautious when it comes to driving anyway, and I certainly don't text and drive. I have a lot of contempt for distracted driving. I've never been in an accident either.

Of course, it's possible that one of the parties had my number for some reason. Anything's possible, but I just have no reason to believe that any of them would want to call me. I called up the office of this attorney and explained the situation. The assistant seemed confused and said they'd get back to me. I haven't heard anything the last few days.
Its also possible that someone in the attorney's office who prepared the subpoena made an error and it ended up being your phone number instead of the number they wanted. Its also possible that someone you knew at school used your phone to call someone, and that might be why your number is showing up.

I would suggesting calling the attorney's office again...and again, and as many times as necessary until you get an answer.
 

Worried1990

Junior Member
Its also possible that someone in the attorney's office who prepared the subpoena made an error and it ended up being your phone number instead of the number they wanted. Its also possible that someone you knew at school used your phone to call someone, and that might be why your number is showing up.

I would suggesting calling the attorney's office again...and again, and as many times as necessary until you get an answer.

Thanks for all the excellent replies! Nobody but myself and close family members ever use my phone. I suppose it's conceivable that someone once asked to borrow my phone really quick. However, it's not possible that a stranger would have had my phone long enough to get behind the wheel of a car and cause an accident.
 

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