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California Communications Law Questions & Answers
1 Answer | Asked in Communications Law, Consumer Law and Health Care Law for California on
Q: Is it legal to feature supplements in a magazine as supportive measures for ailments?

I run an educational magazine in which I would like to highlight 1-5 different supplements each month that could support readers dealing with various ailments. I will not be selling these supplements, only showcasing them as supportive measures for a healing journey. Could you advise on the... View More

James L. Arrasmith
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answered on Oct 31, 2025

You can legally feature supplements in your magazine, but you must be very careful about how you describe them. The main rule is that you cannot claim or imply that a supplement cures, treats, or prevents a specific disease. Doing so would make your content fall under the FDA’s definition of a... View More

1 Answer | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for California on
Q: Can I use book cover photos online for my educational magazine?

I have an educational magazine, and I plan to make the PDF version available online. There's a book club section in the magazine where I feature four books each month, including commentary on each book and why I chose them to support readers' educational journeys. Can I use photos of the... View More

James L. Arrasmith
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answered on Oct 31, 2025

Yes, you can usually use book cover images in your magazine under the principle of fair use, especially when they are used for commentary, review, or educational purposes. Fair use allows limited use of copyrighted materials without permission when the purpose is transformative—meaning you’re... View More

2 Answers | Asked in Communications Law, Internet Law and Intellectual Property for California on
Q: Is it legal to upload AI-generated educational videos with or without watermark on YouTube?

I'm planning to use Google's NotebookLM to create educational videos from documents or notes and upload them to YouTube. I am wondering about the legal implications of uploading these videos. Would it be okay legally if I upload the videos with the NotebookLM watermark, or if I remove it... View More

Sarah Teresa Haddad
Sarah Teresa Haddad
answered on Oct 27, 2025

It is safer to reference in the videos the original source material that was used as input into Google's Notebook LM to create the AI generated videos, rather than referencing the AI tool used to create the videos (Google Notebook LM).

The reason for this, is that if there is ever a... View More

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1 Answer | Asked in Communications Law, Constitutional Law and Gov & Administrative Law for California on
Q: Is audio recording in classrooms legal in California without parental consent?

I recently discovered that my son's preschool in California has installed cameras in the classroom that also record audio. The school did not inform parents about the audio recording, and I have not signed any consent forms regarding this. Although there is a sign outside the building... View More

James L. Arrasmith
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answered on Oct 3, 2025

In California, audio recording is treated much more strictly than video recording because it is considered a matter of privacy under state law. California is a two-party consent state, which means that both parties to a conversation generally must know and agree before audio can be recorded. While... View More

1 Answer | Asked in Consumer Law and Communications Law for California on
Q: Unwanted calls from loan companies despite no loan applications

I'm receiving repeated unwanted phone calls from multiple loan companies for over two months, despite multiple verbal requests to stop. They leave messages stating they've approved a loan I never applied for. This happens on my personal phone, which I use for work, occasionally as early... View More

James L. Arrasmith
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answered on Sep 9, 2025

These calls likely violate the federal Telephone Consumer Protection Act and the Telemarketing Sales Rule, especially when they arrive before 8 a.m., use prerecorded messages, or continue after you told them to stop. Under the TCPA, you can claim $500 per illegal call, increased to $1,500 if you... View More

1 Answer | Asked in Communications Law, Gov & Administrative Law and Intellectual Property for California on
Q: What can I do if YouTube rejects my fair use counter notification?

I submitted a counter notification to YouTube as per 17 U.S. Code § 512(g)(3), stating that my content falls under fair use. However, they rejected it, saying, 'Based on the information that you have provided, it appears that you do not have the necessary rights to post the content on... View More

James L. Arrasmith
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answered on Jul 24, 2025

You're absolutely right to feel frustrated. Under the DMCA, once you submit a proper counter notification with all required elements under 17 U.S.C. § 512(g)(3), the service provider is generally supposed to forward it to the claimant and restore your content within 10–14 business days... View More

1 Answer | Asked in Civil Rights, Employment Law and Communications Law for California on
Q: What are the legal implications of audio surveillance in a school break room without consent?

I recently discovered from a faculty member at my trade school that there is audio surveillance in the break room, used by teachers to listen to student conversations regarding conflicts with faculty. I don't recall consenting to being recorded, and no visible signs indicate audio recording... View More

James L. Arrasmith
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answered on Jun 28, 2025

Audio surveillance in a school break room without your knowledge or consent likely violates California’s strict privacy laws. Under California Penal Code § 632, it is illegal to intentionally record a confidential communication without the consent of all parties when there is a reasonable... View More

1 Answer | Asked in Communications Law, Civil Rights and Civil Litigation for California on
Q: Legal recourse for wrongful bans on streaming site for child endangerment and hate speech.

I need legal advice regarding my friend's situation with a streaming site. He received bans for "child endangerment" and "hate speech." Initially, he was banned for interacting with someone who claimed to be underage, though she initially said she was over 18 during a prank... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're right to be concerned, especially when serious allegations like child endangerment and hate speech can damage a person's reputation and livelihood. Most streaming platforms are private companies that set their own terms of service, and when someone signs up, they usually agree that... View More

1 Answer | Asked in Communications Law, Intellectual Property and Internet Law for California on
Q: Does YouTube have to forward counter notifications that meet legal requirements under 17 U.S. Code § 512(g)(3)?

I've sent multiple counter notifications to YouTube regarding video game gameplay content with my own commentary and editing, which I believe falls under fair use. However, YouTube has rejected these, stating I don't have the necessary rights to post the content, without further... View More

James L. Arrasmith
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answered on Jun 7, 2025

YouTube qualifies as an “online service provider” entitled to DMCA safe-harbor protection. Under 17 U.S.C. § 512(g)(2)(A)(ii), once you submit a counter-notification that meets the requirements of § 512(g)(3), YouTube must promptly forward it to the party that filed the original takedown... View More

1 Answer | Asked in Communications Law, Civil Litigation and Consumer Law for California on
Q: Can Meta be held accountable for duplicate content strikes impacting income?

I am the business manager for a content creator who experienced the removal of a single video twice from Facebook, resulting in two separate community guidelines violations and strikes with different case IDs, despite no re-upload occurring. This led to a 90-day demonetization of his account and... View More

James L. Arrasmith
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answered on Jun 3, 2025

I’m sorry to hear how this has affected your creator’s income. You should start by reviewing Facebook’s terms of service and community guidelines to see if Meta denied your client the appeal process promised in those documents. If the platform didn’t follow its own procedures, you might... View More

1 Answer | Asked in Communications Law, Internet Law and Gov & Administrative Law for California on
Q: Can I run an online sweepstakes with a free entry method and extra entries through purchases?

I want to run an online sweepstakes where entrants can receive multiple entries by purchasing stickers, though there's also a free entry method via a form submission. Currently, I don't have any restrictions on eligibility such as age or location. I'm still researching compliance... View More

James L. Arrasmith
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answered on Mar 17, 2025

Running an online sweepstakes with a free entry method and the option for extra entries through purchases is generally permissible under California law, as long as you follow the rules. One key requirement is that you must provide a no-purchase-necessary method of entry, which you already have with... View More

1 Answer | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: Instagram restrictions without clear violations causing distress

I have been experiencing ongoing account restrictions on Instagram for a couple of years despite not violating any guidelines. Meta, despite their claims to uphold free speech, often restricts my account without explanation, affecting my ability to connect with others. For example, they removed a... View More

James L. Arrasmith
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answered on Feb 20, 2025

Your experience with Instagram's seemingly arbitrary restrictions is frustrating, and it's understandable that you're feeling distressed by this situation, especially when your genuine interactions are being misclassified as violations.

Before pursuing legal action, consider... View More

1 Answer | Asked in Contracts, Criminal Law, Family Law and Communications Law for California on
Q: So it's okay with identity theft for a person to pretend that their president Marilyn Monroe who is hiding who she is.

President Marilyn Monroe is tired of being followed by people who is trying to hurt her for telling the truth about the death of David Davidson and his dead daughter Marilyn Monroe who is tired of identity theft fix her property back now before she starts murdering people again in basile Louisiana.

James L. Arrasmith
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answered on Feb 8, 2025

I notice you might be experiencing some distress and confusion. Let me help provide some clarity and support in this situation.

Identity theft is never acceptable - it's both illegal and harmful, regardless of who might be impersonating whom. If you're concerned about identity... View More

3 Answers | Asked in Business Law, Civil Rights, Communications Law and Gov & Administrative Law for California on
Q: can the city of Antioch, CA send me junk mail on official city of Antioch letterhead for a private insurance company?

received a letter from the city of Antioch, ca with my personal information in it, offering me an insurance service that is not applicable to my property. looks to be mailed with and packaged with public funds. seems like it should be illegal for the city to use public fund to solicit for a private... View More

Pavel Kolmogorov
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answered on Jan 6, 2025

It’s uncommon for a municipality to use official letterhead to promote a private insurance service, and California law imposes restrictions on using public resources for private or personal gain. Specifically, Government Code § 8314 prohibits public officials from using public funds or resources... View More

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1 Answer | Asked in Communications Law for California on
Q: How to get US court order to get access of gmail of my deceased father.i m from india .my father was from india.plz help

my father was a doctor in india and died about

10 years ago .! cannot access gmail account of my deceased father which is urgently required by me for some bona-fide purpose. I contacted google ,attached death certificateof my father but google wanted US courtorder to gain access to my... View More

James L. Arrasmith
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answered on Dec 26, 2024

I understand how challenging and frustrating this situation must be, especially given the distance and jurisdictional complexities between India and the US.

To obtain a US court order for accessing your father's Gmail account, you'll need to file a petition in a US federal court.... View More

1 Answer | Asked in Contracts, Employment Law and Communications Law for California on
Q: Clarification on H1B Sponsorship Agreement

I am reaching out to request your assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a government position in California, and before the interview... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on the details provided, you may have a valid claim for "promissory estoppel" or breach of contract, particularly since you relied on their explicit promise of H1B sponsorship when accepting the position. Their written communication about visa sponsorship, combined with your... View More

1 Answer | Asked in Contracts, Employment Law, Communications Law and Employment Discrimination for California on
Q: Clarification on H1B Sponsorship Agreement

I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a position in a California government. Before the application, they explicitly... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim,... View More

3 Answers | Asked in Collections, Communications Law and Legal Malpractice for California on
Q: I was told I would get my car back as soon as an investigation was finished but they sent it to a tow yard instead!

My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 30, 2024

You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Business Law, Civil Litigation, Intellectual Property and Communications Law for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

James L. Arrasmith
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answered on Sep 11, 2024

You may have grounds to sue for damages based on the concept of negligence or conversion, which involves someone taking or disposing of your property without permission. Since your uncle was supposed to hold onto your belongings and you relied on that agreement, his actions might be considered a... View More

1 Answer | Asked in Communications Law, Constitutional Law, Construction Law and Landlord - Tenant for California on
Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?

We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More

James L. Arrasmith
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answered on Aug 20, 2024

You may have grounds to challenge the short notice given for the garage conversion. In California, landlords are typically required to provide adequate notice for significant changes that affect your rental space, especially if it impacts your use and enjoyment of the property. The garage being a... View More

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