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Communications Law Questions & Answers
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)?
T. Augustus Claus
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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

James L. Arrasmith
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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

James L. Arrasmith
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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
T. Augustus Claus
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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
T. Augustus Claus
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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

1 Answer | Asked in Communications Law, Internet Law and Identity Theft on
Q: What charges can be against who without consent remotely accesses a cell phone to give the instruction to factory reset?

my ex had physically taken my tablet with was signed into all of my accounts including google. From there she was able to instruct my cell phone to factory reset itself and cleared out my google account of allot of valuable footage for my buisness and alot of very personal material. I now have no... View More

James L. Arrasmith
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answered on Sep 21, 2023

Unauthorized access to and tampering with someone else's electronic devices, like your tablet and cell phone, can potentially lead to criminal charges, such as unauthorized access to computer systems, identity theft, or unauthorized use of personal information. It's important to consult... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Michigan on
Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.

Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.

I also told her numerous times I was recording all of our interactions to serve as a blanket statement.

She is consistently threatening to intentionally violate our... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More

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

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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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

James L. Arrasmith
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answered on Aug 25, 2023

Based on the scenario described, the situation might involve potential criminal charges such as invasion of privacy, harassment, and possibly extortion. However, the specific charges and their likelihood would depend on the exact circumstances, local laws, and evidence available. The fact that the... View More

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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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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?
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answered on Aug 10, 2023

In California, both parties to a conversation must generally consent to being recorded. If you have obtained their permission to record the call, you may be able to record without getting their explicit permission again. However, it's advisable to consult legal counsel to ensure compliance... View More

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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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