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I got a bill for $100.00 from Pocket Communications for labor required to provide information requested in a Grand Jury Subpoena Duces Tecum. The information sought was the subscriber information and toll records.

The CSR at Pocket Communications is asserting there was some new law in December of 2007 permitting them to charge for information. Does anyone know about this? Am I missing something? Any direction would help.

Craig Jones
830-379-1224 office
cjones@co.guadalupe.tx.us
 
Posts: 46 | Location: Seguin, TX, USA | Registered: April 02, 2004Reply With QuoteReport This Post
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For a previous discussion on a similar topic, click here.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I have seen some recent variations on this argument, dealing specifically with cell phones, based upon a Federal Circuit Court opinion from a circuit other than the 5th. I don't have the citation handy, but perhaps one of my old colleagues will post it.

The Lizard Man is innocent!

[This message was edited by JohnR on 06-04-08 at .]
 
Posts: 2135 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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I'm pretty sure I saw something on this that specifically dealt with cell phone companies and the like that doesn't apply to other types of entities. I can't recall where I saw this though.
 
Posts: 280 | Location: Weatherford, Texas | Registered: March 25, 2002Reply With QuoteReport This Post
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Ameritech Corp. v. McCann, 403 F.3d 908 (7th Cir. 2005). Another county where I used to work has had this case thrown at them in one of these billing disputes.

The Lizard Man is innocent!
 
Posts: 2135 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Our PD has had similar requests for payment from Pocket. The other cell phone providers don't charge--just Pocket. They said it is $100 worth of man power to generate the documents, so they aren't charging for copies alone.

I think our PD used the advice in the above cited thread and told them that if they didn't send it we would subpoena them....I think they sent it and then also sent a bill later!
 
Posts: 525 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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I read case: Ameritech Corp. v. McCann, 403 F.3d 908 (7th Cir. 2005). I found Title 18 USC 2706 and 2703. Keeping in mind that my subpoena asked for subscriber information and incoming/outgoing calls for an inclusive set of dates, 18 USC 2703(c)(2) supports 18 USC 2706(c) wherein payment is not authorized for the records sought. Therefore, pending some other facts, interpretations, or guidance, I am good.
 
Posts: 46 | Location: Seguin, TX, USA | Registered: April 02, 2004Reply With QuoteReport This Post
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We got a bill from Google today. I sent them a letter with a copy of JC-0181. Don't know that anyone there even knows where East Texas is, but they sure will know how hot the summers are here. Wink
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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