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Florida Communications Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Communications Law and Banking for Florida on
Q: Can I record a phone call w/ customer rep if I receive a notice that "This call will be monitored and recorded"?

I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about... View More

James L. Arrasmith
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answered on Dec 15, 2023

In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a "two-party consent" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for Florida on
Q: Can I record a phone convo with customer service if I receive a notice that "This call will be monitored and recorded?"

I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"?

Charles M.  Baron
Charles M. Baron
answered on Dec 2, 2023

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you...
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1 Answer | Asked in Estate Planning and Communications Law for Florida on
Q: Please help. My sister Pat was Executrix for father's estate. She altered the will trying to get more money.

She took from sister Jo, but I fought it in court and won. Now our brother died, leaving no will. Pat and her corrupt buddy Lynn applied to be Personal Representative, while my sister Jo and I went for it. Unbelievably the judge gave it to Pat & Lynn after they altered my father's will a... View More

Marc J. Soss
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Marc J. Soss
answered on Apr 15, 2024

Is the proceeding in Florida or New Jersey? You may have a legal basis to Appeal the ruling, if it fits within guidelines. Otherwise, you can Petition for removal based upon the presentation of your evidence. Good luck.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Communications Law for Florida on
Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?

My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia.

1 Answer | Asked in Business Law, Criminal Law, Personal Injury and Communications Law for Florida on
Q: Can I use a company for one of their employees logging into my account and giving someone else my personal information?

My ex asked one of her friends in New York who she claims works for spectrum. The persons brother also said that they asked her to dig into my stuff so that they could find out information I have text from both of them saying so. They have exact time and text messages that I never even showed... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2023

As I understand your question, you believe that an employee of the service provider, Spectrum, furnished text messages to or from you. In order to successfully sue the company, you would have to show that disclosure occurred, the service provider authorized the employee to disclose the... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Communications Law and Constitutional Law for Florida on
Q: Am I qualified to receive somee kind of money for being incarcerated for 8 months until my charge was dismissed?

Who would I be wanting to sue in that specific case?

Stephen Arnold Black
Stephen Arnold Black
answered on May 15, 2023

Florida does have a wrongful incarceration that provides compensation up to $50,000 per year to wrongfully incarcerated individuals. You should discuss the facts of your case with an attorney here in Florida about how to apply.

1 Answer | Asked in Personal Injury, Communications Law and Libel & Slander for Florida on
Q: Can another lawyer post things about your case & bash you on social media if they're not your lawyer or on the case ?

There's a Facebook group where there is two Florida lawyers are talking about my case to members of it. They're posting screenshots from pacer about the lawsuit against me and making fun of me when they have no information on this matter, and I haven't been able to prove my... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 30, 2023

You actually raise a couple different issues here. 1. Can Court documents available on PACER lawfully be disclosed on social media? Yes, because they're public records, and the fact that the discloser is a lawyer who is not on your case is irrelevant. 2. Can someone lawfully make fun of you... View More

1 Answer | Asked in Civil Rights, Communications Law and Libel & Slander for Florida on
Q: Can a husband legally direct me not to talk to his wife? I have in no way threatened her, sworn at her, or humiliated.

I confronted this woman's friend about her issue with my child. She has been talking about my son for quite some time now, and it needed to be addressed. I walked up the driveway of her best friend, when I saw her there. I walked up to her, and told her "I am disappointed in you". I... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2022

If the lady voluntarily, without duress, desires to communicate with you and does so, no, the husband cannot prevent that communication by any legal means. (Does he think we live in Afghanistan?) However, you'll want to avoid a situation where the wife "flips" on you and claims you... View More

1 Answer | Asked in Communications Law for Florida on
Q: RCW 9.73.030 Intercepting, recording, or divulging private communication—Consent required

A husband and wife are communicating online, the husband is in Afghanistan while the wife on a military base in Washington State, the wife convinces the husband to disclose whether or not he has participated in criminal activity. So the husband agrees to disclose this. Now the wife decides to call... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 6, 2020

This is a question of military (federal) law, and of the law of Washington State. So why did you ask it in Justia > Ask a Lawyer > Florida; it has nothing to do with Florida law?

1 Answer | Asked in Communications Law for Florida on
Q: How long do I have to pay for a crime that I did 4years ago the media//new is still running the story

A was accused of voter fraud 4 years ago I did my time the case is over but today the media/news decided to run my story again as example of fraud can they do that

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 31, 2020

Yes, they can do that.

3 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Florida on
Q: My ex wife recorded a private convo between her and I. She took it out of context and sent it to my wife. Can I sue?

My ex wife and I were having a private conversation and she recorded it without my knowledge. She then sent it to me pregnant wife to upset her by making me look bad because it was taken out of context. Do I have a case?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 27, 2020

In Florida it is unlawful to record anyone who has not consented to being recorded. Consider filing a criminal complaint against your ex.

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1 Answer | Asked in Communications Law, Constitutional Law and Domestic Violence for Florida on
Q: I have a dropped charge DB back in 2014 and Officer was gonna arrest me but I told him to leave cause he wasn't helpful.

My sister was a drug user and my grandmother who has dimensia, bailed her out and presumed to live with us. Keep in mind shes very manipulative. I was in my own room and she was drinking might had done coke to unsure. She started beating on my bedroom door and I opened it to see whats going on. She... View More

Charles M.  Baron
Charles M. Baron
answered on May 21, 2020

Defend yourself against what? You said the officers left without arresting you, and I assume you mean they also did not give you any notice to appear in court. Also, from your description, it does not sound like the type of police case where they will be in on-going investigation to determine if... View More

1 Answer | Asked in Real Estate Law, Communications Law, Internet Law and Landlord - Tenant for Florida on
Q: Is a landlord and/or condo HOA in Florida required to furnish a tenant w/ internet access (via wall jacks/cable ports)?

I've occupied a unit in a condo complex for the past 2 years. The building has known issues with cable wiring. Xfinity provided us with equipment for self installation, however our internet connection continued to fail after many attempts by service techs to repair. They finally told us that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 20, 2020

Nobody is required to furnish internet access, unless the requirement is specifically mentioned in the lease. You have some options, I think: pay to upgrade the condo's cabling; move; or see if you can access the internet via satellite or some other wireless method of connecting to the... View More

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for Florida on
Q: Is a text message legally binding?

Can an agreement via text be used in court as a legal binding agreement?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 26, 2020

Usually oral agreements would be considered to be legally binding if the terms can be sufficiently proven. The statute of limitations can be different if an agreement is not in writing. While it's possible that a judge might for some reason think a text message doesn't qualify as a... View More

1 Answer | Asked in Communications Law for Florida on
Q: Is it illegal in Flordia to record a conversation with someone without their consent?
William Jaksa
William Jaksa
answered on Jun 28, 2019

In Florida, you need two-party consent to record a conversation. Meaning that everyone involved in the conversation must consent to the recording.

1 Answer | Asked in Communications Law for Florida on
Q: My attorney and I (excutor) met and I received 3 checks for 3 TRUSTFUNDS is his fiduciary duties done?

I pointed out a mistake made on TF checks. I gave them back. The Attorney was going to make corrections. Told me to pick them up the following day this was a year ago. I still as of today received the TFs Monies. Once check were wrote did this end attorney's fiduciary duties?

He has... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 27, 2019

Obviously the attorney's duties (as trustee, I assume) are not done, at least until the checks are properly written, accepted, and deposited. It looks like the attorney wants to meet with you about this, which also indicates that the matter is not over.

1 Answer | Asked in Employment Law, Communications Law and Employment Discrimination for Florida on
Q: I applied for a job that required me to be 21 at the age of 20. The staff knew but once I turned 21 I got fired. Legal?

I applied to be an amazon driver, the application asked if I was 21, my birthday was in a couple weeks so I said yes. I was hired on Nov 30th. They verified my ID and I still moved forward with the hiring process. I told the managers that I wasnt 21 but I would be in two weeks and they allowed me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 21, 2018

In general, most employment is "at will". This means that an employer doesn't need a reason to fire someone. So yes, they can terminate you even under the questionable circumstances you describe.

2 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Communications Law for Florida on
Q: Do we have a suit against Carrington mortgage?Plz read details. Thank you

After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jul 25, 2018

I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.

But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for...
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1 Answer | Asked in Communications Law for Florida on
Q: Can a member of the community management company that oversees my community block my emails?
Alex McClure
Alex McClure
answered on Jun 29, 2018

How would this person possibly do this?

If you are an employee and they are an employer, that would be different.

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