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Michigan Internet Law Questions & Answers
1 Answer | Asked in Business Law, Communications Law and Internet Law for Michigan on
Q: Under the TCPA, would it count as an autodialer if a list of numbers is randomly generated but a human manually dials?
James L. Arrasmith
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answered on Oct 11, 2024

If you manually dial numbers from a randomly generated list, it typically does not qualify as using an autodialer under the TCPA. The key factor is whether technology is used to automate the dialing process. Since a person is actively involved in placing each call, it avoids the automated criteria... View More

1 Answer | Asked in Business Law, Communications Law and Internet Law for Michigan on
Q: Under the TCPA, can a market research firm send a link to a survey to a list of numbers, all at once, without consent?

If I understand correctly, since a legitimate survey isn't an advertisement, a firm isn't required to obtain prior consent. However, is the firm required to manually enter in phone numbers one-by-one, or can it input a list of numbers into software and have it send messages all at once?

James L. Arrasmith
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answered on Aug 31, 2024

Under the TCPA (Telephone Consumer Protection Act), sending a survey link via text message can be permissible without prior consent, provided the message isn't considered an advertisement or telemarketing. However, the method of sending those messages matters. If you're using automated... View More

1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

1 Answer | Asked in Consumer Law and Internet Law for Michigan on
Q: In Michigan, is it illegal to knowingly purchase a counterfeit good (Ex. Shoes, Clothing, etc.) for personal use only?

Personal use only. No selling.

James L. Arrasmith
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answered on Mar 11, 2024

In Michigan, knowingly purchasing counterfeit goods, even for personal use, is illegal under state law. Michigan has specific laws addressing counterfeit trademarks and theft of service.

According to Michigan Compiled Laws section 750.263, a person shall not knowingly purchase or acquire...
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1 Answer | Asked in Criminal Law, Employment Law, Identity Theft and Internet Law for Michigan on
Q: MI- Previous boss impersonated me by taking and failing a Fair housing course. Can i press charges? Is this a crime?

In my last job, my boss took a online fair housing course compliance test for me without my knowledge or permission. My boss also failed this test, which I'm sure adds this to my employee record. The course was on Sexual assault which also just looks bad to fail. The company has not fired... View More

James L. Arrasmith
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answered on Mar 7, 2024

Based on the information you've provided, your former boss's actions could potentially constitute identity theft, fraud, and/or forgery. Impersonating someone else to take a course or test on their behalf without their consent is unethical and likely illegal.

Your options include:...
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1 Answer | Asked in Criminal Law, Communications Law and Internet Law for Michigan on
Q: When I send email screenshots of signing up for the targeted Justice class action lawsuit they won't send, why?

Soon after signing up for the targeted Justice class action lawsuit my Google account was hacked and I never got back in to it. I did recover screenshots from a social media platform where I had posted them, when I have tried to attach them to an email I am sending to anyone they won't send. I... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you encounter issues with sending email attachments, particularly in situations like yours where the content is sensitive or critical, it might not always point to something nefarious. Email platforms have various restrictions and technical issues can occur, such as file size limits, server... View More

2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

Possibly, but you have to consider what it will cost you. One option is to try to arrange a free initial consult with attorneys to find out what it could cost to pursue. Such matters could involve speaking with students, reviewing videos, assessing school codes, etc. Attorneys don't generally... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and Internet Law for Michigan on
Q: Is there away to get information regarding my husband case removed from the internet source like this one and mlive?
Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

No. The Internet has a long memory. And unfortunately it isn't always accurate. Even when people are acquitted after a trial - usually months or years after news breaks of their arrest - those initial reports remain.

Further, news sources have a right to publish public information, and...
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1 Answer | Asked in Business Law, Internet Law and Gov & Administrative Law for Michigan on
Q: Do I need to register as a scrap dealer in Michigan if I am an LLC. Can I be exempt as a corporation?

I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a... View More

James L. Arrasmith
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answered on Nov 23, 2023

Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other... View More

1 Answer | Asked in Internet Law for Michigan on
Q: YouTube has stopped following their community guidelines sexual content and harassment is there a way to sue them

I have content creator names who go against SEXUAL CONTENT guidelines 100 percent when I report these nothing gets done. But the community guidelines state you can't post the following that go against SEXUAL CONTENT guidelines so can I sue YouTube for not following this

James L. Arrasmith
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answered on Nov 9, 2023

If you believe that YouTube is not enforcing its community guidelines regarding sexual content, you could consider legal action, but it's important to understand the challenges involved. Platforms like YouTube have broad discretion under Section 230 of the Communications Decency Act to manage... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Internet Law for Michigan on
Q: What kind of lawyer assists with Personal Protection Orders?

This is a non-domestic PPO and we need protection from stalking, sexual harrasment and cyberstalking.

T. Augustus Claus
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answered on Sep 11, 2023

If you need assistance with obtaining or defending against a Personal Protection Order (PPO) in a non-domestic context, particularly in cases involving stalking, sexual harassment, and cyberstalking, it's advisable to seek the expertise of a civil litigation attorney, a civil rights attorney,... View More

1 Answer | Asked in Civil Rights, Intellectual Property, Internet Law and Libel & Slander for Michigan on
Q: Good afternoon, Requesting assistance of an Advocate/Pro Bono Attorney who deals with online cyber bullying & theft
James L. Arrasmith
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answered on Aug 15, 2023

While I sympathize with your situation, I am not able to personally offer pro bono legal services. However, you may want to reach out to local legal aid organizations or bar associations in your jurisdiction that may have resources available for individuals dealing with online cyber bullying and... View More

1 Answer | Asked in Internet Law for Michigan on
Q: Hello, Is there anything I can do about the ISP lying and constantly pushing back when I will get internet?

I moved several months ago with my wife, and had called the ISP about a month before we moved to make sure we would have internet day 1 as I work from home and require it. They say its all good and we are all set to have them come out the 1st day. Day one comes and they never show up so we call... View More

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2023

Unlikely...any chance there is another ISP you could go with? Did you make any deposit?

1 Answer | Asked in Entertainment / Sports and Internet Law for Michigan on
Q: Can I record voice chat on a game server in memory (never written to disk) for moderation purposes?

I'd like to allow a team of moderators to review voice chat manually. There is no automated system in place, and the team would need to manually listen to and subsequently make decisions from the data.

T. Augustus Claus
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answered on Jul 6, 2023

The recording of voice chat on a game server for moderation purposes may raise legal considerations, particularly in relation to privacy laws. In Michigan, it is generally required to obtain consent from all parties involved in a conversation before recording it. However, laws can vary, and there... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... View More

1 Answer | Asked in Criminal Law, Libel & Slander and Internet Law for Michigan on
Q: Is it possible to not know if you had a restraining order that was put on you 5 months ago in Michigan?

A woman I reported to the police in May made a tiktok video with me with my pics name and another females pictures accusing us of stalking her and talking to her man. She labeled me stalker no.1 with a restraining order she claims she filed 5 months ago. When I went to the police to complain about... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2022

If there were a restraining order - more technically called a PPO - the police should have told you when you reported this.

You can go to the circuit court in your county to see if one has been filed.

I suppose you could try to sue this person civilly - and you possibly have some...
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1 Answer | Asked in Communications Law and Internet Law for Michigan on
Q: Is it illegal to hack someone's gmail account without their permission
Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

Yes.

1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2022

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
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1 Answer | Asked in Internet Law, Juvenile Law and Military Law for Michigan on
Q: How can a victim get information on the defendants release information

A year ago my bf went to jail for online solicitation of a minor. I was wondering since my parents filed against him but won't share his sentencing information, how can I get that information as the "victim". I'll be 18 in a month and I was hoping to file a motion to drop the... View More

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

You can likely look up public access records from the court he was convicted in. It's highly likely that a no-contact order with you remains in place through his term of probation or parole. It is also highly unlikely, given your age and nature of the offense, that a judge will grant your... View More

1 Answer | Asked in Intellectual Property and Internet Law for Michigan on
Q: Can I sue my web designer?

I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... View More

Timothy John Billick
Timothy John Billick
answered on Sep 23, 2020

Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.

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