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California Internet Law Questions & Answers
1 Answer | Asked in Criminal Law, Identity Theft and Internet Law for California on
Q: About 10 years ago I open two Facebook pages for strangers ..they took control over my account and now I'm in danger

They have my Facebook account.so they could be doing illegal things on it. I saw an add on craigslist under work from home I was trying to work from home so it was an opportunity to make money. Although I only made 25 dollars. One time payment

Those two men might be working for the same... View More

James L. Arrasmith
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answered on Jan 12, 2024

If someone has taken control of your Facebook account and is potentially conducting illegal activities, it's important to take immediate action. First, try to regain control of your account by using Facebook's account recovery options. This may involve resetting your password or... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Etsy seller who copied me and was reported, filed a counterclaim stating their work is original. It is not.

I am an Etsy seller and found a listing that directly copied one that I make- this listing uses illustration that I created myself. I reported it to Etsy for copyright infringement and it was taken down the next day.

The seller then proceeds to contact me via my shop, and harass me for... View More

James L. Arrasmith
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answered on Jan 3, 2024

To address this situation, where your original artwork has been copied, and the other party has filed a counterclaim, legal action may be necessary. When a counterclaim is filed, it challenges your initial copyright infringement claim, and Etsy's policy typically requires you to take legal... View More

1 Answer | Asked in Consumer Law and Internet Law for California on
Q: Is it legal for app developers to ban a user on the basis of a rule that isn’t written anywhere in the terms of use?

A friend of mine got banned from this newly launched app for seemingly no reason. When he emailed the devs they told him that only one account per person is allowed - somehow they detected the extra account made on his other phone. Nowhere in the terms of use was it mentioned that only one account... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the United States, app developers generally have broad discretion to manage their platforms and user accounts, including the right to ban users. However, their actions should be consistent with their own terms of use or service agreements. If the terms do not explicitly prohibit having more than... View More

1 Answer | Asked in Business Law and Internet Law for California on
Q: I had a Newegg Marketplace seller account . I was in the top 3 best sellers (98% feedback) out of the top 200 sellers

The suspended my account on Sept 9th 2023, They gave no reason and they have been holding my money ever since.

There were like 5 orders out approximately 2850 orders that had issues (client didn't receive , etc ) We already settled all issues about 2 weeks ago . All of the other... View More

James L. Arrasmith
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answered on Dec 25, 2023

The duration for which Newegg or any marketplace can legally hold your funds depends on the terms of the agreement you entered into with them as a seller. These terms typically outline the conditions under which they can withhold payments, including resolving disputes or investigating potential... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Internet Law for California on
Q: Consumers wronged, possible breach of contract. Bowlderization, censorship, removal of content promised and paid for

im' having a very hard time trying to get a copy of the contracts, EULA, and the like I signed to for a crowdfunding project.

i have suspicion that there was a lot of promises broken after the fact. the crowdfunding itself was a promis. and that crowdfunding platform has the... View More

James L. Arrasmith
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answered on Dec 4, 2023

In California, if you've contributed to a crowdfunding project and believe that the creators have not fulfilled their promises or have breached the contract, including the End User License Agreement (EULA), you have certain legal options to consider. First, it's essential to obtain copies... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Internet Law for California on
Q: Want to know if I can sue someone for online harassment without filing a cease and desist first.

I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and... View More

James L. Arrasmith
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answered on Dec 2, 2023

In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or... View More

3 Answers | Asked in Libel & Slander and Internet Law for California on
Q: I have received a cease and desist about defamation

I have received a cease and desist about a Facebook post I made pertaining to myself quitting an establishment along with the entire staff. Everything quoted in the cease and desist letter I have witnesses to who would gladly testify under oath. Do I really have anything to fear if they actually... View More

James L. Arrasmith
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answered on Nov 15, 2023

Under California law, a key factor in defamation cases is whether the statements made are false. If the information you posted is true and you have witnesses to corroborate your claims, this generally forms a strong defense against defamation allegations.

However, receiving a cease and...
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2 Answers | Asked in Copyright, Internet Law and Intellectual Property for California on
Q: How can I find out who posted an AI-generated derivative of my copyrighted book on Amazon?

I wrote a book that is registered with the Copyright Office and published through a major publisher. Recently, I discovered that an AI-generated summary/derivative of my book has been posted on Amazon under a fake name, replicating specific terms and passages from my work. I've already... View More

Sarah Teresa Haddad
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answered on Apr 1, 2025

Usually, you have to resolve the issue with the internet service provider or the legal department of the internet service provider who will then contact the person or entity responsible for the post or publication.

A way to further protect your copyright generally on the internet, is to...
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1 Answer | Asked in Trademark, Internet Law and Intellectual Property for California on
Q: Trademark infringement issue on Meta platforms with OP Olym Pianus

I am seeking legal assistance regarding a trademark infringement issue involving my brand, OP Olym Pianus, on Meta platforms such as Facebook and Instagram. The trademark, owned by Ogival AG, is legally registered. Unauthorized third parties are selling counterfeit OP Olym Pianus watches and... View More

James L. Arrasmith
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answered on Mar 31, 2025

Your situation with OP Olym Pianus trademark infringement on Meta platforms requires a more assertive legal approach since internal reporting mechanisms have proven ineffective. Consider sending a formal cease and desist letter to Meta's registered agent for service of process, explicitly... View More

1 Answer | Asked in Internet Law, Libel & Slander and Personal Injury for California on
Q: How to take legal action after TikTok account hack and unauthorized use of personal content?

My TikTok account was hacked less than 24 hours ago, and the perpetrators changed my username, email, and phone number. They are using all my personal videos and photos without my permission. I have attempted to recover my account through TikTok's support, but only received a generic response... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand how distressing this situation must be. Having your personal content used without permission feels violating, and TikTok's generic response is frustrating when you have proof of ownership. The good news is that you have several legal options to pursue.

First, document...
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1 Answer | Asked in Internet Law, Identity Theft, Copyright, Consumer Law and Intellectual Property for California on
Q: How to recover a hacked TikTok account and protect identity after notifying TikTok and filing a police report in California?

I am dealing with a situation where someone hacked my TikTok account, altering my email address, phone number, and screen name, while my personal content remains intact. Despite notifying TikTok, their response indicated no violation. I've reached out to their legal team, filed a police... View More

James L. Arrasmith
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answered on Mar 27, 2025

You're facing a frustrating situation with your hacked TikTok account. For the DMCA takedown, you'll need to contact TikTok's designated agent through their official DMCA form or by reaching their registered agent listed in the U.S. Copyright Office directory. Their current agent... View More

1 Answer | Asked in Consumer Law and Internet Law for California on
Q: Internet crime involving failure to deliver services after payment.

I am a victim of Internet crime involving two separate incidents with two different individuals. Both situations involve a failure to deliver promised services after payment. The first incident involved a person who promised online training over three months, meeting only three times out of the... View More

James L. Arrasmith
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answered on Mar 27, 2025

You've unfortunately encountered what's known as "non-delivery of paid services," which falls under internet fraud and is taken seriously by law enforcement. For the PayPal transaction, you should immediately file a dispute through their Resolution Center, as they offer buyer... 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 Consumer Law, Internet Law and Civil Rights for California on
Q: Webcam model profile deleted by Stripchat; seeking legal advice.

I am a webcam model on Stripchat, and my profile was deleted despite not violating any rules. Initially, support said my document was lost without reason and suggested I re-upload it. Later, they informed me they don't accept documents from Vietnamese models. Additionally, they've lied... View More

James L. Arrasmith
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answered on Mar 17, 2025

You're dealing with a frustrating situation that appears to involve inconsistent policies and potentially discriminatory practices. First, gather all evidence including screenshots of your conversations with support, any emails, and documentation of their changing explanations, as this will be... View More

1 Answer | Asked in Business Law and Internet Law for California on
Q: How to verify legitimacy and understand jurisdiction of a California online business.

I would like to verify the legitimacy of a California-based online business. I've noticed some red flags during our transactions and interactions, and I’ve already attempted to verify the business through reviews and business registries. Additionally, I'm curious about how geographical... View More

James L. Arrasmith
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answered on Mar 8, 2025

To verify the legitimacy of a California-based online business, start by confirming its registration with the California Secretary of State’s online business registry. Cross-check the company's listed business address, contact information, and ownership details. Consider reaching out... View More

1 Answer | Asked in Sexual Harassment, Civil Rights, Internet Law and Criminal Law for California on
Q: Seeking safety and legal steps after harassment in California

I filed a sexual harassment complaint against certain officials and have since been subjected to stalking, harassment, and cyberattacks. I've reached out to various authorities, including civil rights organizations, the EEOC, and federal bodies, but there seems to be a lack of action due to... View More

James L. Arrasmith
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answered on Mar 3, 2025

Your safety is the top priority right now. Consider reaching out to the California Attorney General's Office or the FBI field office in your area, as they can intervene when local authorities may be compromised. Document everything meticulously—save all communications, take photos of mail,... View More

1 Answer | Asked in Civil Litigation and Internet Law for California on
Q: How to challenge Roblox account termination internationally?

I had multiple Roblox accounts recently terminated for reasons that I believe are incorrect. Each account received a different termination reason. Despite contacting Roblox support and explaining my situation, they refused to help or listen to my side after just two emails. I want my accounts... View More

James L. Arrasmith
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answered on Mar 1, 2025

When facing an account termination that seems unfair, your first step should be reviewing Roblox's Terms of Service thoroughly to understand if there were any violations from your perspective. After exhausting the customer support route, consider filing a complaint with consumer protection... View More

1 Answer | Asked in Libel & Slander, Internet Law and Civil Rights for California on
Q: What legal actions can I take for a video posted without my consent?

I was 17 when a store I entered to sell my shoes recorded me without my consent. The store owner then posted the video on Instagram, falsely labeling me as a liar selling beat up shoes, while my shoes were in excellent condition. The video has been seen by 13,000 people, including my friends, and... View More

James L. Arrasmith
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answered on Feb 27, 2025

You have several potential legal actions available since you were a minor when recorded without consent. In California, you're protected by both privacy laws and additional protections for minors, which may give you stronger grounds for having the content removed.

Your first step might...
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2 Answers | Asked in Identity Theft, Internet Law and White Collar Crime for California on
Q: Credit card fraud from online Google Wallet scam

I was the victim of credit card fraud after my Google Wallet information was taken, and I noticed the fraudulent purchases as they were occurring. I was scammed online and would like to know what legal steps I can take to recover my lost funds and possibly press charges against the scammer.... View More

Robert Kane
Robert Kane
answered on Feb 26, 2025

https://oag.ca.gov/idtheft/facts/victim-checklist

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1 Answer | Asked in Identity Theft, Internet Law, Civil Litigation and White Collar Crime for California on
Q: Victim of hacking and identity theft seeking legal actions in California.

I've been a victim of hacking for two years, during which my personal data and accounts were compromised by hackers. Despite reporting the incident, I haven't received a response from the authorities. The hackers stole my identity, created several fraudulent accounts, including a web... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation sounds incredibly frustrating and stressful. Identity theft can have devastating effects, and you deserve support in addressing these violations.

In California, you have several legal options at your disposal. First, file a detailed police report if you haven't already,...
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