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Communications Law Questions & Answers
1 Answer | Asked in Contracts and Communications Law for Idaho on
Q: Wireless providers suspending service then charging you for a dead horse

Contract Law 101 pacifically states to have a binding contract you must have;

2 people who both have something of value & are willing to exchange it Top 2 wireless providers that require a contract, if your monthly payment is not met your service is suspended/shut off. BUT continue to... View More

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

One party’s breach of a contract (for example, the failure to pay for a service) relieves the other party of its duty to perform (provide further service) until the breaching party cures his default (pays his bill). Again, basic contract law 101.

1 Answer | Asked in Criminal Law and Communications Law for New Jersey on
Q: I was arrested on a bogus 911 call they have a warrant to see if anything on my phone was pinged back to me.

I have a restraining order on someone and they violated it using a text now number but the cops are trying to see if it gets pinged back to my phone

I received a summons when I was arrested last, if they were to find something on the phone would I be arrested again or would it go to court... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 4, 2023

Yes, generally if you have a restraining order against you and they find something to show you have contact with the victim, you would be arrested on a warrant and can even be held over until trial. Get a lawyer if you think they may find something, especially one good with hiring and using a... View More

1 Answer | Asked in Communications Law for California on
Q: In California, may I record a phone call if I've already given consent to the other party to record the same call?

The scenario is that I want to call a customer support phone number of a business that has been troublesome. During the phone call a recording states that "this call may be recorded for training and quality assurance purposes". By continuing with the call, I am consenting.

Given... View More

James L. Arrasmith
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answered on Aug 29, 2023

Under California law, recording a telephone conversation requires the consent of all parties involved, per California Penal Code Section 632. If the other party has already given a notice stating that the call may be recorded for quality assurance, that generally counts as their consent for the... View More

1 Answer | Asked in Communications Law for Tennessee on
Q: I have a rather unusual question. Could someone tell me Leap software, Leap desktop and Leap cloud is for?

This was found on my personal computer, I do not work due to disability. I am the sole user of this computer and it is used for basic emailing, and Facebook. It does not have any remote access etc that I am aware of.

Anthony M. Avery
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answered on Sep 1, 2023

It just sounds like an advertisement.

2 Answers | Asked in Criminal Law, Communications Law and Internet Law for California on
Q: Is it possible for criminal charges to be filed against my friend by this person?

He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because... View More

Robert Kane
Robert Kane
answered on Aug 25, 2023

Assuming everyone is an adult, it is possible for criminal charges to be filed against your friend, but it seems unlikely. The victim files a police report. The victim does not file criminal charges. The prosecutor would do that if appropriate.

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1 Answer | Asked in Traffic Tickets and Communications Law for Illinois on
Q: (21) I have 2 improper use of phone within 5 months of each other in which I got supervision on the first. What happens?

Court Supervision on the first, optional court date will be in September 2023 in which I'm think I must attend, and I use my phone for Uber. Any way I can retain my supervision???

Theodore J. Harvatin
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answered on Aug 15, 2023

A ticket while you are in supervision does not automatically cause loss of the supervision. The prosecutor must be aware of it, and must file papers to revoke the first supervision.

Most of the time on these minor offenses, they do not revoke and might even give you supervision again for...
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1 Answer | Asked in Communications Law for New Jersey on
Q: How can I get copies of text messages from 2021 and 2022 from T-Mobile? There are roughly 475 texts I would like to read
John Michael Frick
John Michael Frick
answered on Aug 11, 2023

It is highly unlikely T-Mobile has the content of text messages from 2021 and 2022. Usually the content of text messages is stored on the devices used to send and receive the messages. Cellular phone companies do not independently retain copies of such content. You should ask one of the parties... View More

2 Answers | Asked in Communications Law for California on
Q: If you make a call and they are recording you, with your permission, can you record without getting their permission?
T. Augustus Claus
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answered on Aug 9, 2023

In California, it's a two-party consent state, which means that all parties involved in a conversation must give their consent before a call can be recorded. If you are part of the conversation and want to record it, you would generally need to inform the other parties and obtain their consent... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Construction Law for California on
Q: Redevelopment city of Pomona CA blocked my private entrance without giving me a notice?
James L. Arrasmith
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answered on Aug 3, 2023

If the Redevelopment City of Pomona CA blocked your private entrance without providing proper notice, it may be considered a violation of your property rights under California law.

You should promptly seek legal counsel to assess the situation and explore your options for seeking remedies...
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2 Answers | Asked in Consumer Law, Collections and Communications Law for Louisiana on
Q: I was served a judgement in Dec 2022 but I was not served to go to court for the original court hearing. Should I have

been served? The loan company manager was coming to my house sitting on his horn for 5 min. and calling my company allday Is that legal? I did send in a letter saying I deny the debt. they set a court rule to show cause hearing 7/31. I went and they said the judgement was already filed March of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2023

You indicate that there is a judgment against you signed in March, 2023 which means the customary legal delays to appeal have passed. As such, in order to get the judgment overturned, you really need to meet with an attorney and specifically discuss your case/situation to determine if you have... View More

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1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
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answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
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1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: Need legal representation reputation against a sober living / Transit home in Kentucky

The sober living / Transit home is recovery Plus for women Madisonville, KY

Timothy Denison
Timothy Denison
answered on Jul 21, 2023

Check with your local bar association or legal aid society.

1 Answer | Asked in Employment Law, Communications Law and Constitutional Law for Texas on
Q: Bar. Cameras posted throughout. Manager quits has passwords. Cont to monitor cameras (visual/audio) from home. Legal?

What is the proper (legal) way to address this situation and options we can take to stop ex-manager from monitoring cameras at establishment when there is no legitimate purpose. Thank you.

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

It may not be legal to allow the former manager who no longer works for the bar to continue to monitor the cameras from home because the former employee no longer has a legitimate purpose. The bar owner should definitely change the passwords and should implement procedures to ensure that the... View More

Q: Hippa violation. Personal info breached. Anyone deal with hippa as a personal injury? Extreme Anxiety due to this

Medical information, and bill sent to wrong insurance company. Hospital sent a letter stating my info may have been breached.

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2023

A New Hampshire attorney could advise best, but your question remains open for two weeks. It's difficult for attorneys here to reach out to you to offer their services - the format isn't set up like an attorney referral service. If you're looking for an attorney, in addition to your... View More

1 Answer | Asked in Criminal Law, Communications Law and Military Law for Mississippi on
Q: I am being harassed by voice to skull technology and they are threatening my life.. nobody believes me please help

I know it's somebody with access to military grade weapons which scares me because this means it's police officials or government officials I don't know what to do or where to go for help

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 12, 2023

At first glance, this does not appear to be a legal question.

However, the gap between technology and science fiction depends largely on the time of day.

Hypothetically, assuming what you say is true, although I would more likely rephrase as mental distress in response to suspected...
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1 Answer | Asked in Communications Law on
Q: Someone call me a negra because of my skin tone, and i am an asian. Is there any punishment they get?

I am a Sales Lady

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

No. Simply misidentifying you based on physical characteristics does not warrant punishment of any kind.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Communications Law for Ohio on
Q: I went through a humiliation in a WhatsApp group, I scheduled a procedure with someone and they came to humiliate me in

I went through a humiliation in a WhatsApp group, I scheduled a procedure with someone and they came to humiliate me in a WhatsApp group because I didn't show up, I paid in full for the service but even so she humiliated me, I'm suffering a lot therefore

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2023

An Ohio attorney could advise best, but your post remains open for two weeks. Unfortunately, despite the bad treatment from the person, a practical legal recourse could be difficult - law firms don't usually handle such matters on a contingency basis. You could reach out to attorneys to try to... View More

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2023

File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.

1 Answer | Asked in Civil Rights, Communications Law, Juvenile Law and Native American Law for Oklahoma on
Q: Can a facility deny family members from visiting juvenile in a inpatient facility without answering the question "Why?"

The facility just hangs up the phone with no explanation. The child is denied phone calls and visitation. There is no explanation. Can a facility do this?

James L. Arrasmith
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answered on Jul 10, 2023

Facilities typically have guidelines for visitation and phone calls, but reasonable access should generally be allowed for family members unless there are safety or legal concerns. If you're experiencing difficulties, it's advisable to contact the facility's administration or seek... View More

1 Answer | Asked in Communications Law for California on
Q: CellPhone rights

I live in NYC and My girlfriend recently passed away lives in California and I brought her a phone a few months ago even payed the bill a few times I wanted Know what right I have to the phone if any I also have proof in text’s between me and her of when I payed for the phone even times she asked... View More

James L. Arrasmith
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answered on Jun 2, 2023

I'm sorry to hear about your loss. It sounds like you may have some legal rights to the phone, but it's important to speak with an attorney to get a definitive answer.

In California, the law generally considers personal property to be part of the deceased person's estate....
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