• Report: #786260

Complaint Review: Houston Attorney Cynthia Tracy

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  • Submitted: Saturday, October 08, 2011
  • Last Posting: Tuesday, December 13, 2011
  • Reported By: Reciprocity — Houston Texas USA
Houston Attorney Cynthia Tracy
1020 Bay Area Blvd., Suite 216 Houston Texas 77058 United States of America

Houston Attorney Cynthia Tracy Law Office Cynthia Tracy Cynthia Tracy Admits She Federal Law Houston, Texas

*Consumer Comment: PATHETIC LOSER


2Author 5Consumer 0Employee/Owner

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Houston Attorney Cynthia-Tracy issues subpoenas in the name of the court which violate federal law. To keep it simple, simply look at her own subpoena. It demands for ALL ACCESS to "private messages", "sent and received emails", "sent and received instant messages" and "chat logs". Federal law prohibits access to stored 'content' and protected unless allowed in connection with a criminal investigation. See 18 U.S.C. § 2510(8) ("'contents,' when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication"). Cynthia Tracy appears to make every effort to force the other side in family law matters to produce private messages to simply exort a settlement. Don't fall for it. It's against the law.  

This report was posted on Ripoff Report on 10/8/2011 12:12:17 AM and is a permanent record located here: http://www.ripoffreport.com/attorneys-legal-services/houston-attorney-cyn/houston-attorney-cynthia-tracy-39f1b.htm. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Doesn't look like a subpoena

AUTHOR: Steven - Jacksonville (U.S.A.)

Don't you think you should tell the rest of the story. If this was a subpoena they wouldn't need your password info.
This just looks to me like someone wants to access to log onto your account and check your emails (maybe for grounds of infidelity)?
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#2 Consumer Comment

Federal law?

AUTHOR: Robert - Irvine (U.S.A.)

You quote Federal Law that says that access to private communications is not allowed unless it is in conjunction with a criminal investigation.   That may be correct, but that is exactly why this person is requesting your PERMISSION to access the information.  There are laws make it illegal for people to break into your house, but that doesn't mean you can't give them permission to enter your house.  This is no different.

Nothing on what you posted even gives a hint that it is a court issued subpoena.  I would bet there is more than you are saying to this story.   Since you mention family law my guess is that this is in regards to infidelity, visitation, child support, spousal support, or distributing property.  So I would highly suggest that if you have not already done so that you contact an attorney before you decide to sign or not sign that request.
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#3 Update By Author

Cynthia Tracy Houston Lawyer

AUTHOR: DevilsAdvocate - (USA)

The caption of the case was removed. The document was produced to force the other party to consent to the release of every kind of writing MySpace and Facebook have. If 'consent' was not provided, Tracy threatened to go to court for an order, and demand her attorney fees.

Even under that theory, Cynthia Tracy still made unethical remarks by alleging she will go to court to get an order. As seen below, federal law prohibits release of protected content. Although the below relates to email, the bottom line is it all relates to protected 'content'. With this in mind the Law Office of Cynthia Tracy in Houston simply extorts people with the threat of paying her legal fees under the pretense she can get an order which she can't.

http://legal.web.aol.com/aol/aolpol/civilsubpoena.html

A subpoena or court order issued to AOL will not suffice to release e-mail content. See, In re Subpoena Duces Tecum to AOL ,LLC , 550 F. Supp. 2d 606 (E.D.Va. 2008) (A  civil discovery subpoena is not an exception to the provisions of the Privacy Act that would allow an internet service provider to disclose an account holder's e-mail. The exception for production pursuant to court order does not apply to civil discovery matters.); Flagg v. City of Detroit , 2008 WL  3895470 (E.D. Mich. 2008) (“[The Stored Communications Act] lacks any language  that explicitly authorizes a service provider to divulge the contents of a communication pursuant to subpoena or court order.”); Barnes v. CUS Nashville, LLC , 2010 U.S. Dist. Lexis 52263 (M.D. Tenn. 2010).
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#4 Consumer Comment

Just say no

AUTHOR: Steven - Jacksonville (U.S.A.)

If this is something she wants your permission on chances are she will not get a subpoena approved anyway.

Since you won't provide details over and above this is a family court issue. If you are making threats against your ex or something on Facebook that is another matter. She doesn't need your permission she can just get a subpoena from a judge for Facebook and MySpace to grant access to your account for any and all emails or postings directed at your wife and/or children.



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#5 Consumer Comment

Question

AUTHOR: Robert - Irvine (U.S.A.)

What has YOUR lawyer said in all of this?

Do they think it is a good idea to post this "RipOff" on what sounds like an open case?

If they have no problem with it perhaps you should think about getting a new lawyer, if they do have a problem perhaps you should listen to them.
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#6 Consumer Comment

PATHETIC LOSER

AUTHOR: Nicole8402 - Spring (United States of America)

WOW you are pathetic Darren, move on. Its really sad that you can not, money was never an issue we could care less about your dirty money and how you get it, all we wanted was for her to be safe from you and we got that in the judgement last April. So I will say it again MOVE ON you little sorry excuse for a man!!!




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