What happened is phone harassment and it is illegal in CA. What you
need to do is simple. The cell phone company cannot give out the
number with out an official subpoena from the police. This is because
the restricted number is private information and telecom laws prevent
giving out information to anyone but the account holder of the phone
The commission of threatening, harassing or obscene phone calls is a
misdemeanor. Penalties increase with the frequency of such calls and
the location of the victim when receiving calls (i.e. workplace).
Relief may include temporary restraining orders, injunctions or other
court orders. Cal. Penal Code 653m, Telephone calls with intent to
annoy. See also Cal. Penal Code section 422-422.1.
No information regarding calling patterns, credit or financial
information, subscriber services, or demographic data shall be
disclosed by any telephone company without first obtaining the
residential subscriber's consent. Exceptions include directory
assistance services, postal zip codes, collection and billing
materials, documents made available pursuant to FCC reporting
requirements and the names and addresses of lifeline customers for the
purpose of low-income assistance outreach. Cal. PUC, Article 3, Sec.
2891, Customer Right to Privacy.
Telephone companies may not include unlisted "telephone access
numbers" on lists they rent. Cal. Pub. Util. Code 2891.1 (Smith, 1992,
You need to call the non-emergency number of your local police
department and file a police report. Tell whoever answers your
situation and they?ll refer you to the proper dept.
Also, get a copy of your bill that shows the incoming call and time.
Document what was said, time and date of what you can remember. In
addition, any names given to you by the callers, especially if someone
identified himself or herself as a police officer. The more
information and proof you have of the call, the better.
See here for more:
Also at that site:
?The law will vary from state to state, but in California a single
call******** I note this to the comment below by daniel2d, since in
CA, 1 call is enough to be harassment******** is enough to meet the
definition of harassment if the caller threatens physical harm or is
obscene. If the call does not fall into either of these categories,
the calls must be repeated to be considered harassment.
Intent is another requirement included in most harassment definitions.
The law generally requires that the harasser intend the calls to be
viewed as harassment. Because of the need to prove intent, you should
tell the harasser that you do not want to speak to the person and to
stop calling. If the harasser persists after this clear message, it
will be easier to prove that the intent was to harass.?
The police will file a report, subpoena the phone number, find out
whom the caller was, and take appropriate action per the law. If you
get anymore calls during the time of the investigation, document them
as well and notify the officer in charge. Ask them for what they need
from you. They?re good at walking you through these situations. It?s
their job! They?ll definitely take you seriously.
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