Using someone else's address to purchase a phone sent through the mail.

[nebulae99]

What is the name of your state (only U.S. law)? New York State
Someone I know has used my address to order a phone through the lifeline program (commonly known as the "Obama phone" (although in reality the program was started under President Reagan...). They opened the account using their own name but my address. I already have a phone through Assurance wireless, and according to them there is only one phone allowed per household. This is a program designed to help low income people such as my self to have a low cost phone. If another person applies and gets a phone at the same address the first one could be cancelled. I did not give permission for this application and the person that did this did not ask to do so. In fact, this person was in jail for theft and just moved into a halfway house to live during the remaining part of her sentence. I was wondering if there any consequences that can be levied upon this individual, as she has jeopardized my lifeline phone with her actions. The phone was sent to my address with her name on it through the US postal service. The phone company that approved her account would not cancel it even though I told them she did not live (and never did) at this address. Any advice anyone can offer would be appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? New York State
Someone I know has used my address to order a phone through the lifeline program (commonly known as the "Obama phone" (although in reality the program was started under President Reagan...). They opened the account using their own name but my address. I already have a phone through Assurance wireless, and according to them there is only one phone allowed per household. This is a program designed to help low income people such as my self to have a low cost phone. If another person applies and gets a phone at the same address the first one could be cancelled. I did not give permission for this application and the person that did this did not ask to do so. In fact, this person was in jail for theft and just moved into a halfway house to live during the remaining part of her sentence. I was wondering if there any consequences that can be levied upon this individual, as she has jeopardized my lifeline phone with her actions. The phone was sent to my address with her name on it through the US postal service. The phone company that approved her account would not cancel it even though I told them she did not live (and never did) at this address. Any advice anyone can offer would be appreciated.

So you returned the phone, yes?

 

[Silverplum]

You really have President GW Bush to thank for your Obamaphone. If not for him, you'd just get free home phone service.

http://www.factcheck.org/2009/10/the-obama-phone/

"This specific program, SafeLink, started under President George Bush, with grants from an independent company created under President Bill Clinton, which was a legacy of an act passed under President Franklin Roosevelt, which was influenced by an agreement reached between telecommunications companies and the administration of President Woodrow Wilson."

And here: http://www.snopes.com/politics/taxes/cellphone.asp
The Lifeline program originated in 1984, during the administration of Ronald Reagan; it was expanded in 1996, during the administration of Bill Clinton; and its first cellular provider service (SafeLink Wireless) was launched by TracFone in 2008, during the administration of George W. Bush.

*amused*

 

[nebulae99]

So you returned the phone, yes?

They told me to throw it away! They wouldn't pay for the postage to return it anyway. I still have it, but I have not opened the package. Kinda wondering about mail fraud, etc.

 

[Proserpina]

They told me to throw it away! They wouldn't pay for the postage to return it anyway. I still have it, but I have not opened the package. Kinda wondering about mail fraud, etc.

Okay, so you haven't been damaged at all - correct? You haven't had any problems or issues because of this matter, yes?

 

[nebulae99]

Okay, so you haven't been damaged at all - correct? You haven't had any problems or issues because of this matter, yes?

Not yet, but they will be doing a comparison in the database to assure only one per household. When they do that they will see there are two and they may cancel mine. I have spent money on my phone - on which I have run out of free minutes and had to pay 10 cents per minute to talk to the phone company to try to work this out. So in a sense, she has cost me money, albeit a small amount. I am not one to break the law and I am so appreciative for this benefit. I work hard and do not rely on social services for my income and support. This is the one and only benefit I have ever taken from the government and I respect the rules. I suppose it is more what MIGHT happen than what has happened yet. Her intent was to deceive. She is in lots of trouble right now for stealing from parents to support a drug habit, etc. I would like to help her learn to be responsible and realize her behavior hurts others.

 

[HighwayMan]

She is in lots of trouble right now for stealing from parents to support a drug habit, etc. I would like to help her learn to be responsible and realize her behavior hurts others.

I can't see THAT happening. If she was already in jail then I can't see her being too concerned about you losing your phone service.

 

[Zigner]

The phone won't be activated, so there won't be any duplicate service...

 

[nebulae99]

The phone won't be activated, so there won't be any duplicate service...

True. As long as I keep the phone in the box or throw it away that would be the case. Still kind of burns me, but I will get over it. I will call my current carrier to make sure this is true - that activation matters.

 

[dave33]

Not yet, but they will be doing a comparison in the database to assure only one per household. When they do that they will see there are two and they may cancel mine. I have spent money on my phone - on which I have run out of free minutes and had to pay 10 cents per minute to talk to the phone company to try to work this out. So in a sense, she has cost me money, albeit a small amount. I am not one to break the law and I am so appreciative for this benefit. I work hard and do not rely on social services for my income and support. This is the one and only benefit I have ever taken from the government and I respect the rules. I suppose it is more what MIGHT happen than what has happened yet. Her intent was to deceive. She is in lots of trouble right now for stealing from parents to support a drug habit, etc. I would like to help her learn to be responsible and realize her behavior hurts others.

Come on now...grasping at straws. Whatever the real issue is, move on. You are the one that's going to "help her to learn to be responsible" as the government pays for your phone? Look in the mirror oh noble one.

 

[nebulae99]

Come on now...grasping at straws. Whatever the real issue is, move on. You are the one that's going to "help her to learn to be responsible" as the government pays for your phone? Look in the mirror oh noble one.

I am only on this site to ask legal advice. If that is not what you have, then please do not respond. Your judgement of my situation or my attitude is not warranted. I am not being "noble" nor am I "grasping at straws". I am looking to see if there is a legal violation when a person uses another person's address without their permission to gain something for themselves. Obviously there is much more to the story, but this is the only aspect of the situation that I am not educated about, thus the question posed to the forum. Thank you to anyone who has any information pertaining to the question. All others, step aside.

 

[Proserpina]

I am only on this site to ask legal advice. If that is not what you have, then please do not respond. Your judgement of my situation or my attitude is not warranted. I am not being "noble" nor am I "grasping at straws". I am looking to see if there is a legal violation when a person uses another person's address without their permission to gain something for themselves. Obviously there is much more to the story, but this is the only aspect of the situation that I am not educated about, thus the question posed to the forum. Thank you to anyone who has any information pertaining to the question. All others, step aside.

You wrote this:

I would like to help her learn to be responsible and realize her behavior hurts others.

How else was this meant to be taken? ?

 

[nebulae99]

You wrote this:



How else was this meant to be taken? ?

I understand. I should have not stated that in my question in that way. My intention for that line was to point out that I have not been directly hurt and even if I had to get a phone through another company and pay 35 a month instead of 5 a month it would not be a huge imposition. The angle of my question was whether the action is a legal offense. I did not plan to press charges or anything of the kind. I simply wanted to tell her that it was an illegal act (if it was) to show that things like this can actually have grave consequences although they may seem harmless. I simply want to help another person understand their actions, as there have been people in my life who have shown me the way as well. Any legal advice or has this thread become a personality analysis? I rarely post on the internet, and now I remember why. In fact it has been many years since I have conversed thought this medium. I was just hoping someone else has had the same experience and had knowledge of the ins and outs of the situation. I did not want to pay an arm and a leg for a lawyer, but clearly you get what you pay for in this world. Thanks to all who have anything to contribute that is not personal.

 

[Proserpina]

I understand. I should have not stated that in my question in that way. My intention for that line was to point out that I have not been directly hurt and even if I had to get a phone through another company and pay 35 a month instead of 5 a month it would not be a huge imposition. The angle of my question was whether the action is a legal offense. I did not plan to press charges or anything of the kind. I simply wanted to tell her that it was an illegal act (if it was) to show that things like this can actually have grave consequences although they may seem harmless. I simply want to help another person understand their actions, as there have been people in my life who have shown me the way as well. Any legal advice or has this thread become a personality analysis? I rarely post on the internet, and now I remember why. In fact it has been many years since I have conversed thought this medium. I was just hoping someone else has had the same experience and had knowledge of the ins and outs of the situation. I did not want to pay an arm and a leg for a lawyer, but clearly you get what you pay for in this world. Thanks to all who have anything to contribute that is not personal.

For what its worth if you make a complaint the decision about whether or not the state charges her with a crime is not yours to make.

You're welcome.

 

[nebulae99]

For what its worth if you make a complaint the decision about whether or not the state charges her with a crime is not yours to make.

You're welcome.

True enough. And thank you.