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Michigan Communications Law Questions & Answers
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 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


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

1 Answer | Asked in Communications Law, Constitutional Law and Mergers & Acquisitions for Michigan on
Q: is it illegal for a news company to distribute fake news? Is it illegal for private individuals to distribute fake news?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 15, 2017

No and no. Individuals may have a right to sue and recover for libel/defamation however if named in and injured reputationally by fake new stories.

1 Answer | Asked in Communications Law and Personal Injury for Michigan on
Q: I sent a google doc to my brother. His wife, who he is in the process of divorcing and is physically seperated from,

him opened the document without his permission and deleted it. Do I have a case against her for deleting and reading my private document to him?

Peter N. Munsing
Peter N. Munsing
answered on Jun 28, 2016

I don't see it.If they both had access to the email and he never changed his password, it's not the US mail she interfered with.

The document itself is an electronic copy so it's not as if she destroyed something irreplacable.

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