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Michigan Communications Law Questions & Answers
1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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2 Answers | Asked in Civil Rights and Communications Law for Michigan on
Q: Can a county jail inmates phone call recordings between the inmate and family members be released to general public?

Not for legal purposes. Just random people?

James L. Arrasmith
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answered on Mar 4, 2024

In general, phone calls made by inmates from county jails are subject to monitoring and recording as part of the facility's security measures. These recordings are primarily used for security purposes and to ensure the safety of inmates, staff, and the public. The release of such recordings to... View More

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1 Answer | Asked in Criminal Law, Communications Law and Internet Law for Michigan on
Q: When I send email screenshots of signing up for the targeted Justice class action lawsuit they won't send, why?

Soon after signing up for the targeted Justice class action lawsuit my Google account was hacked and I never got back in to it. I did recover screenshots from a social media platform where I had posted them, when I have tried to attach them to an email I am sending to anyone they won't send. I... View More

James L. Arrasmith
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answered on Mar 2, 2024

When you encounter issues with sending email attachments, particularly in situations like yours where the content is sensitive or critical, it might not always point to something nefarious. Email platforms have various restrictions and technical issues can occur, such as file size limits, server... 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 Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More

1 Answer | Asked in Business Law, Communications Law and Internet Law for Michigan on
Q: Under the TCPA, would it count as an autodialer if a list of numbers is randomly generated but a human manually dials?
James L. Arrasmith
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answered on Oct 11, 2024

If you manually dial numbers from a randomly generated list, it typically does not qualify as using an autodialer under the TCPA. The key factor is whether technology is used to automate the dialing process. Since a person is actively involved in placing each call, it avoids the automated criteria... View More

1 Answer | Asked in Communications Law and Constitutional Law for Michigan on
Q: If our boss is listening to our conversations through a camera without our consent is that legal?
James L. Arrasmith
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answered on Oct 2, 2024

It's understandable to feel uneasy if you suspect your boss is monitoring your conversations without your consent. In many places, employers are allowed to use video surveillance in the workplace, especially in common areas like offices or hallways. However, secretly recording audio can be... View More

1 Answer | Asked in Business Law, Communications Law and Internet Law for Michigan on
Q: Under the TCPA, can a market research firm send a link to a survey to a list of numbers, all at once, without consent?

If I understand correctly, since a legitimate survey isn't an advertisement, a firm isn't required to obtain prior consent. However, is the firm required to manually enter in phone numbers one-by-one, or can it input a list of numbers into software and have it send messages all at once?

James L. Arrasmith
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answered on Aug 31, 2024

Under the TCPA (Telephone Consumer Protection Act), sending a survey link via text message can be permissible without prior consent, provided the message isn't considered an advertisement or telemarketing. However, the method of sending those messages matters. If you're using automated... View More

1 Answer | Asked in Communications Law and Internet Law for Michigan on
Q: Is it illegal to hack someone's gmail account without their permission
Michael Zamzow
Michael Zamzow
answered on Mar 14, 2022

Yes.

1 Answer | Asked in Criminal Law and Communications Law for Michigan on
Q: We would like to possible pursue a case against a customer pursuant to Michigan’s eavesdropping statute

We are a small business in Colorado, who had a customer record our conversation without consent . We would like to possible pursue a case against this customer pursuant to Michigan’s eavesdropping statute prohibits recording in-person and telephone conversations without consent from all parties,... View More

Brent T. Geers
Brent T. Geers
answered on Mar 5, 2022

If you're looking for criminal charges, contact the police. If you're looking for civil damages, they problem will be what damage you've sustained? Did they just record the conversation for their own purposes? Have they posted it on a blog or something and it's affected your business?

1 Answer | Asked in Criminal Law, Federal Crimes, Communications Law and Constitutional Law for Michigan on
Q: Is it always a federal crime to threaten someone online or through phone, even if the person or thing being threatened

is in the same state as the threatener? Is this because Congress has the power to regulate interstate commerce and make laws pertaining to the foregoing power and phones and the internet are considered to be interstate commerce?

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2021

Bingo! phone lines and internet connections are matters of interstate commerce. But it is not always charged as a federal crime; more often than not, it would be a state-level charge.

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Communications Law for Michigan on
Q: My landlord came to mobile home the other day, to set up a rent payment plan.(As the owner does not want to be a part

Of the Gov.Cera plan, or MSHDA. He proceeded to tell me how he doesn't think I have a disability, I should go back to work

He's in pain everyday and he works, He doesn't feel as tho anyone should be on disability.Any insight, Because I'm really

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2021

Are you already renting under MSHDA or some other program? Your landlord does not get to decide if you are disabled or whether you qualify under any program.

1 Answer | Asked in Family Law, Child Custody, Child Support and Communications Law for Michigan on
Q: A girl I hooked up with may be pregnant, she won’t involve me or tell me if she is pregnant. What can I do?

I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2021

Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.

1 Answer | Asked in Communications Law and Employment Discrimination for Michigan on
Q: Can someone video record w/ audio and eavesdrop on my conversation with a fellow employee without my knowledge?

I was inside their home because they hired our company to treat for pests. All electronics are supposed to be unplugged. She had a video camera set up and eavesdropped on my conversation with an employee while she was somewhere else watching on her phone. She’s now sent it to my office and trying... View More

Brent T. Geers
Brent T. Geers
answered on Apr 28, 2021

You have two issues: 1) you were in someone else's home, with no reasonable expectation of privacy; 2) this is an employment issue. Any one, right or wrong, can make a complaint. Good employers will assess the complaint and want to hear your side of things before taking action. It could be as... View More

2 Answers | Asked in Divorce, Family Law and Communications Law for Michigan on
Q: my husband has a second phone, is there any way I can get the phone company to give me the record?

Everytime i got him to call, he says my wife is listening on speaker too.. so i don't think there going to disclose any info. If its a privacy law Is there a way around it?

Brent T. Geers
Brent T. Geers
answered on Feb 3, 2021

What information are you seeking? If the phone is in his name, then he has access to his records. Instead of involving the phone company, why does he not just download them and give them to you, or give you online access to those records?

If he is unwilling to cooperate, then you should...
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1 Answer | Asked in Family Law and Communications Law for Michigan on
Q: Is a parent allowed to take a 15 year olds cell phone that the other parent purchased as form of punishment
Brent T. Geers
Brent T. Geers
answered on Mar 18, 2019

Absent some court order to the contrary, while exercising parenting time, the parent may decide if and when the child has access to a cell phone.

1 Answer | Asked in Consumer Law and Communications Law for Michigan on
Q: In Michigan, is it legal to record then publish phone conversation I am a party to without the consent of the other?

I purchased an item from a dealer who misrepresented the item and began lying about that misrepresentation the minute my check was cashed so I began recording conversations with them without their consent. I want to put these recordings in reviews online and give to the corporation/ brand of... View More

Trent Harris
Trent Harris
answered on Aug 27, 2018

Your question raises a couple different issues, so I'll break it down in parts.

(1) Is it illegal to record the phone call?

No, probably not. A person can record a phone conversation in Michigan, if the person recording the call is a participant in the phone call and the...
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1 Answer | Asked in Contracts, Business Law, Communications Law and Internet Law for Michigan on
Q: Freelance client is months behind payments and requiring digital account access prior to paying. What are my rights?

After six months trying to arrange a payment schedule as promised by client, the client requested more work prior to pay. I declined and offered a payment schedule. Point person misunderstood and responded by dissolving business relationship and demanding digital web/email account access... View More

Carrie A. Ward
Carrie A. Ward
answered on Feb 28, 2018

Do you have a written contract with the client? If so, you should examine the terms of any default provisions. If you do not have a contract, it is a trickier situation and you probably have the right to terminate the contract without further liability to the client. However, you need to examine... View More

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