KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Cameras in bathrooms / Q&A paper v electronic contracts / Q&A City Project
September 30, 2019
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Cameras in bathrooms from article on September 19, 2019
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 Ken,
            When I had Sperry Vision the owner of a Long Island company asked us to put cameras in the bathrooms of his building. When I said no, he said, “only at the sink area”.  I told him that we would put cameras right outside the bathrooms, but not inside.  The business was diamond cutting.
            Also, I was asked to do an interview for one of NY’s network TV stations.  I set the ground rules first and all seemed well the next day as they arrived at our building with camera crew, lighting etc.  The very first question I was asked was, “how many cameras has your company installed in bathrooms”.  Since this was a taped interview, I just stood there and said nothing.  Then I had them leave our company.  Whether legal or not, news media would love such a story and the company that puts it in bathrooms will look very bad.
Barry
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Response
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            Valuable lesson to be learned.  It’s not always “what’s the law”  and “what’s the risk”.  Bad publicity is no joke.  Long time ago I defended an alarm company who was sued along with the employer because the owner had cameras in the lady’s bathroom.  I got the case dismissed against the alarm company, and no publicity, because it was quickly established that the cameras had been installed in the warehouse area and moved by the owner to the bathroom on his own, without knowledge of the alarm company.  Bottom line:  no cameras in bathrooms, so don’t ask.
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Q&A paper v electronic contracts
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Ken
            My question is, sometimes we get in a bind where our sales reps need to do a contract really quickly on their ipad, so we have a fillable contract loaded in PDF expert and the customer signs that way. There is no electronic disclosure form with that though. My question is are those contracts legitimate and of value?
            Also, for our electronic contracts, sometimes we have a customer who doesn't want to complete it electronically and they print it off, sign it and then scan only the signing page and send back to us. Is that legitimate and of value? 
anon
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Response
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            The Disclosure and Consent form should be on top of the contract on the ipad, that is electronic signature and you will be providing copy and cancellation notice electronically.
            If they print it out and sign it then the question becomes is your salesperson signing it at same time and leaving a copy?  If you want to email a copy of the contract and cancellation notice after it's signed then get the Disclosure and Consent form printed out and signed also
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Q&A City Project
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Ken
            My customer wants us to do a few camera installations that require NO after sale service items/monitoring/etc. They want us to sign their agreement and I'm wondering if this is something you can look at and review?  The big reason is that Philadelphia Insurance is dropping me and I'm shopping for new insurance right now so I don't have the liberty to ask my insurance folks to review the agreement.
            Is this something you can help with and what might this cost? I've attached a copy for quick review.
anon
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Response
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            Why would you ask the insurance company to help you with an agreement?  Don't do that, ever.  All your insurance broker can do is confirm or obtain coverage required by the contract.
            I don't have to read the contract.  Name the customer as an additional insured and do the installation.  Installation only; no RMR services - monitoring, repairs or inspection.  
No charge
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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