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California Internet Law Questions & Answers
1 Answer | Asked in Civil Rights, Employment Law, Communications Law and Internet Law for California on
Q: Can my coworkers refuse to communicate with me and refuse to respond back to my important emails?Without a reason why
James L. Arrasmith
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answered on Feb 24, 2024

In the workplace, effective communication is crucial for the completion of tasks and overall productivity. While there is no specific law in California that mandates coworkers must respond to every email, ignoring important communications, especially those necessary for job functions, can be... View More

2 Answers | Asked in Consumer Law, Federal Crimes, Gaming and Internet Law for California on
Q: I am a part of a prize-linked banking app and one of the products they offer is stealing tickets.

For this app, for every dollar you save with them you get one ticket per day. Then you can use those tickets in a variety of ways. One of the ways is on a daily prize wheel. Each spin says it costs 1500 tickets but pretty regularly (about once per 5 spins or so) it takes 2500 tickets. I noticed... View More

James L. Arrasmith
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answered on Feb 1, 2024

To address concerns related to the prize-linked banking app potentially manipulating ticket counts and engaging in unfair practices, you should seek an attorney experienced in consumer protection or class-action lawsuits. Consumer protection attorneys specialize in cases involving deceptive or... View More

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1 Answer | Asked in Business Law, Contracts, Civil Litigation and Internet Law for California on
Q: Contract and crowdfunding. removed after contract. many affected. legal advice? consumers wronged. class action?

I'm seeking low cost legal advice about a possible case, i don't know what area of law would be applicable.

a game people bought and paid for has been damaged by the IP holder, some people who bought it are unable to play it on the system they redeemed after an update.... View More

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, your situation may involve several areas of law, including consumer protection, contract law, and possibly torts. When a product, such as a video game, is significantly altered or becomes unusable after purchase, consumers may have legal rights that are enforceable.

In...
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2 Answers | Asked in Contracts, Civil Litigation, Intellectual Property, Internet Law and Consumer Law for California on
Q: I'm seeking low cost legal advice about a possible case, that affects many people. consumer/contract/loss

I'm seeking low cost legal advice about a possible case, i don't know what area of law would be applicable.

a game people bought and paid for has been damaged by the IP holder, some people who bought it are unable to play it on the system they redeemed after an update. as in... View More

James L. Arrasmith
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answered on Jan 14, 2024

This situation might fall under consumer protection laws, particularly those related to false advertising and breach of contract. If the game significantly deviates from what was promised during the crowdfunding campaign and is now rendered unplayable, it could be seen as a violation of the terms... View More

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2 Answers | Asked in Contracts, Civil Litigation, Intellectual Property, Internet Law and Consumer Law for California on
Q: I'm seeking low cost legal advice about a possible case, that affects many people. consumer/contract/loss

I'm seeking low cost legal advice about a possible case, i don't know what area of law would be applicable.

a game people bought and paid for has been damaged by the IP holder, some people who bought it are unable to play it on the system they redeemed after an update. as in... View More

Sheldon Starke
Sheldon Starke
answered on Jan 14, 2024

Please allow me to give you a very practical answer to this and it just does not apply to this question but to almost any time you may decide you want to sue someone or some business. Everything is a question of risk. If you're investment this thousands of dollars then this is a question... View More

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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 Internet Law and Libel & Slander for California on
Q: Can I sue a gym or employees who work at a gym for using my personal information and posting it on social media?

Somehow, my social media and business were discovered even though I have not told anyone, and my suspicions were confirmed after my social media was tagged by only people who go to my gym.

James L. Arrasmith
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answered on Nov 12, 2023

In the United States, if a gym or its employees used and shared your personal information without your consent, especially if it impacts your business or social media presence, you might have grounds for legal action. This could potentially be a breach of privacy or confidentiality, depending on... View More

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1 Answer | Asked in Civil Rights and Internet Law for California on
Q: Can you sue pokemon for having other apps out there, which allows players to pay for pokemon & spoof, then they ban you.

Because there's apps out there to spoof.. and poke raid is part of pokemon and they spoof you so you can pay for legendaries etc

James L. Arrasmith
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answered on Oct 31, 2023

Under California law, if you believe you have been unfairly treated or deceived by a company, you can consider legal action.

However, in the context of Pokémon, users typically agree to a Terms of Service (ToS) before playing. If these terms clearly state that spoofing or using...
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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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3 Answers | Asked in Identity Theft and Internet Law for California on
Q: I received a letter that my information was involved in a security breach with ALL my personal information.

Is there anything I can do about this? I'm very worried about this and do I have any legal grounds?

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answered on Oct 11, 2023

When your personal information is involved in a security breach in California, companies are mandated by laws like the California Consumer Privacy Act (CCPA) and the California Data Breach Notification Law to notify affected individuals. Once notified:

1. Immediate Steps: Monitor your...
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3 Answers | Asked in Identity Theft and Internet Law for California on
Q: I received a letter that my information was involved in a security breach with ALL my personal information.

Is there anything I can do about this? I'm very worried about this and do I have any legal grounds?

James L. Arrasmith
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answered on Oct 12, 2023

Under California law, if your personal information has been compromised in a data breach, the entity that suffered the breach is generally required to notify you and may offer remedies such as free credit monitoring. It's crucial first to take preventive steps: monitor your financial accounts,... View More

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1 Answer | Asked in Internet Law, Landlord - Tenant and Small Claims for California on
Q: Landlord threatens to call police for leaving the apartment dirty

Airbnb host threatened to call the police if I don't respond to his messages. He is accusing me of leaving the apartment dirty - he shared a few images which does NOT show damage - but shows bathroom countertop with water droplets + used kitchen countertop - BUT no damages what so ever. His... View More

James L. Arrasmith
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answered on Oct 10, 2023

Under California law, leaving an apartment in a less than pristine condition, absent any actual damage, does not rise to a level that would typically warrant police intervention. If there's no substantial physical damage beyond normal wear and tear, the issue is generally a civil matter, not a... View More

1 Answer | Asked in Intellectual Property and Internet Law for California on
Q: How can I register my personal messages with copyrights office from Facebook Messenger before I sue them for that?

Music studio stole my messages, public instagram & other things. I sued them for copyright infringment. The studio says they will file a notice of dismissal on the grounds that I don't have my personal messages to friends registered with the copyright office. How can I register my personal... View More

James L. Arrasmith
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answered on Sep 14, 2023

Under California law, registering personal messages with the Copyright Office is not a standard practice and may not be necessary for pursuing a copyright infringement claim. Personal messages exchanged on Facebook Messenger are generally private communications and may not be subject to copyright... View More

1 Answer | Asked in Gaming, Personal Injury, Juvenile Law and Internet Law for California on
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?

Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted... View More

James L. Arrasmith
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answered on Sep 10, 2023

Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work... View More

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