How can I tell if text message tracking software was installed onto my iphone 3G?

Hello, AT&T has told me that I probably have a virus on my iphone 3G. I believe that it is actually an installed text message tracking software. How can I tell if this is true? Is there a way to see installed programs like this?

I am being spied on and would like to take legal action if I can prove the activity.

I have reset my iphone, and if my problem continues I am told to call Apple to further instruct me. Also, as of right now, my iphone has lost all it’s contact info, photos, voicemail password, notes, etc… if I upload my old data from itunes and there was a text message tracking program installed before the reset, will this reload that spying software along with all my contact info, photos and other data?