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Communications Law Questions & Answers
1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More

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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often...
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1 Answer | Asked in Communications Law and Internet Law for Colorado on
Q: Can a giveaway have a free entry to all but extra entries given to those who pay for additional entries?

I stream on Twitch which is a platform where people can sub and donate to a streamer. I would like to run a giveaway for Christmas. To incentivize subscriptions, I wanted to give extra entries to those who subscribe to my channel. I know giveaways have to have a free method of entry. If I allowed... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Colorado, as in many states, the rules governing giveaways (often classified as "sweepstakes") can be complex, particularly when involving both free and paid entries. The key legal consideration is ensuring that your giveaway does not become classified as a lottery, which typically... View More

1 Answer | Asked in Internet Law, Contracts, Civil Rights and Communications Law for Massachusetts on
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?

There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of... View More

James L. Arrasmith
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answered on Nov 18, 2023

If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in... View More

1 Answer | Asked in Communications Law for Tennessee on
Q: Can I be arrested for breach of trust for a vehicle that I pay for, but is not in my name?

I have been told to drive my car to my ex's home town when I am 6 hours away so I told my ex to come and get it from me I told my ex that I was not driving it back and he can come pick it up at a secure place with the keys in it.

Can I get charged for not returning the car to him. Can... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, whether you can be arrested for breach of trust regarding a vehicle depends on the specific circumstances. If the car is registered in your ex's name, they are legally recognized as the owner, even if you have been making the payments.

Refusing to return the vehicle upon...
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1 Answer | Asked in Communications Law, International Law and Internet Law for Texas on
Q: Long distance relationship troubles

Hello! I was in a year and few months long distance relationship with a man from Saudi Arabia. He would send me money via PayPal and gifts through mail one time. Recently I’ve been feeling sour towards the relationship due to how he’s been treating me and talking to me. I’ve tried to break... View More

James L. Arrasmith
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answered on Nov 9, 2023

In matters of personal relationships, gifts are generally considered final and do not need to be returned unless there was a clear agreement that they were loans or conditional upon certain terms. His threats to sue you for the return of these gifts or money may not have a strong legal basis.... View More

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Montana on
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c

Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and... View More

2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

James L. Arrasmith
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answered on Nov 4, 2023

Reading a copyrighted book in its entirety on a platform like YouTube or Twitch, especially when revenue is involved, may lead to copyright infringement claims. It's generally not permitted unless you have obtained explicit permission from the copyright holder.

However, reading...
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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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2 Answers | Asked in Communications Law for New York on
Q: Is a judge allowed to hear everything me and My lawyer discuss in court

And did it give me a unfair hearing? If so what can I do about it

James L. Arrasmith
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answered on Oct 28, 2023

No, a judge is not allowed to hear everything you and your lawyer discuss in court. The discussions between you and your attorney are protected by attorney-client privilege. This privilege ensures that communications between you and your attorney remain confidential, fostering an environment where... View More

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2 Answers | Asked in Communications Law for New York on
Q: Is a judge allowed to hear everything me and My lawyer discuss in court
James L. Arrasmith
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answered on Oct 28, 2023

No, a judge is not allowed to hear everything you and your lawyer discuss in court. The discussions between you and your attorney are protected by attorney-client privilege. This privilege ensures that communications between you and your attorney remain confidential, fostering an environment where... View More

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1 Answer | Asked in Communications Law for Maryland on
Q: R U legal in MD if u post a sign on UR property that audio and video recordings are being made via security camera(s)?
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answered on Oct 26, 2023

In Maryland, it's generally legal to post a sign on your property notifying about audio and video recordings through security cameras, provided you comply with applicable laws. Maryland requires two-party consent for audio recordings, but posting a notice can serve as a form of consent. Video... View More

2 Answers | Asked in Consumer Law, Communications Law and Constitutional Law for New York on
Q: My hair stylist uses a camera w/audio in his hair salon. There is no notice. Is this legal in NY? I expect privacy?

The owner of my hair salon in NY uses a ring doorbell type camera in his salon. He claims it has the ability to zoom and has audio. He does not mention this to you and there is no posted notice. He only brings it up when you have an issue with your hair. He said "I only use it for liars and... View More

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answered on Oct 26, 2023

In New York, it's generally legal to video record in public places where there's no reasonable expectation of privacy. However, the audio recording is more restrictive. Under New York Penal Law § 250.00, it's a "one-party consent" state, meaning at least one party in the... View More

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2 Answers | Asked in Banking, Communications Law and Internet Law for California on
Q: If I was involved in the Data Breach 04/28/2022. I would like to know if I could ask OTP for a complete new computer ?

My IPAddress is breached and I have to get that too. My banks and all my information is being used. Buy whoever and I'm constantly cleaning up my personal info. I'm having problems one after another.

James L. Arrasmith
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answered on Oct 20, 2023

In California, companies that experience a data breach are required to provide notice to affected residents. If you've been harmed by a data breach, you might be entitled to certain remedies, but the specific relief will depend on the circumstances and any proven negligence or statutory... View More

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1 Answer | Asked in Communications Law, Internet Law, Libel & Slander and White Collar Crime for Arizona on
Q: How do I go about legally getting a cease and desist signed and state seal served on YouTubers to stop online harassment

I have a open civil suite case already open court docs signed and found out this person is attached to my other harasser / stalker

T. Augustus Claus
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answered on Oct 20, 2023

In Arizona, to legally address online harassment, you can follow these steps. First, consult an attorney with experience in online harassment cases. They will help you draft a cease and desist letter outlining the harassment and demanding it to stop. Once sent, if the harassment continues, you can... View More

1 Answer | Asked in Internet Law and Communications Law on
Q: Is legal to make hate comments?

I was in a chat whose link was published by an Instagram influencer. I got in and started talking, what happened was that one day a boy showed a picture of his pet and I told him that it was very cute and that he should bathe it well, the boy told me that he bathed it every day, I I told him that... View More

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answered on Oct 18, 2023

In the United States, while the First Amendment protects freedom of speech, there are limits. Direct threats, incitement to imminent violence, and certain forms of hate speech can potentially be illegal.

Wishing someone dead might not necessarily be construed as a direct threat, but...
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1 Answer | Asked in Civil Rights and Communications Law for Ohio on
Q: How do I file a suit on someone who won't stop text and calling names ,I just want to left alone. And stalks you
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answered on Oct 10, 2023

In Ohio, if someone is harassing you through persistent texts, calls, or stalking, you have several options. Begin by documenting every instance of harassment, including texts, calls, dates, times, and content. This evidence can be crucial for any legal action. Consider reporting this behavior to... View More

1 Answer | Asked in Employment Law, Contracts and Communications Law for Wisconsin on
Q: Did my employer breach my employee agreement by failing to give 30-day prior notice?

I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide "30 days' prior written notice (e-mail sufficing)".

I received notice they would pick up that... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days.

If you want to negotiate a new contract, be sure to carefully and clearly document that your...
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1 Answer | Asked in Communications Law for Idaho on
Q: Can a company record customers calls without the callers consent or letting the caller know they are recording
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answered on Sep 22, 2023

In Idaho, it is generally legal for a company to record customer calls as long as one party to the conversation is aware of the recording. This is known as "one-party consent," and it means that the company can record the call without informing the customer. However, it's a best... View More

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