KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* bathroom cameras in Oregon / Invoicing a canceling customer September 6, 2019 ************************ bathroom cameras *********************** Ken, We have a client who is asking us to put a camera in a restroom where they do their drug testing. It is our belief that this is illegal and we cannot put a camera in a restroom. The client says they restrict access to these cameras and only 2 nurses are able to view them. We are in Oregon, are we prohibited to put these cameras in the drug test restroom? I would like this question to be Anonymous ********************* Response ********************* It is not, per se, illegal to put cameras in a bathroom in Oregon. There does not appear to be any specific law regarding cameras or video from a surveillance or security perspective. Also, it’s important to remember that you are the installer, not end user; you’re not the one who will be viewing or possibly misusing the video data. In your situation the subscriber has expressed a reason for the video. A prudent approach may be for you to insist on cameras that are not covert, but rather obvious to anyone of average perception. The Commercial All in One provides you the best protection, contractually, when installing the cameras. It warns the subscriber that it’s the subscriber’s responsibility to use the cameras and data lawfully. I think your responsibility ends there. *********************** Invoicing a canceling customer *********************** Ken We use all of your All in One contracts and forms. My question is: When a customer wants to cancel service is an email request from the customer legally enough to cancel service or is there a document for that? Do we bill for additional 30 days from the date of the cancellation notice ? Mauricio ******************** Response ********************* There are two situations when a customer cancels service. If the term of the contract is coming to an end, the customer can cancel on notice 30 days prior to the automatic renewal. Once the contract goes into renewal, the renewal terms are month to month, so the customer can cancel on one month’s notice. You can invoice through the effective date of the cancellation. Be sure not to provide any services after the cancellation date. If you are monitoring a commercial fire alarm then be sure to notify the AHJ of the cancellation of monitoring services. Sometimes customers cancel during the term of the contract. The All in One agreements do not give the customer the right to cancel during the term. A customer who does cancel during the term is in breach of the contract and you should look to the Legal paragraph for your rights and remedies. Essentially you will invoice for whatever is owed to date of cancellation, including installation or repair bills and monitoring, then for 80% of the balance of the RMR and 80% of the value of any equipment you own at the subscriber’s premises, such as the communication software. Then you send the matter to my office for collection. We know how to handle it. Contact me directly for assistance. ********************* To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
