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CANCELLATION NOTICE - ELECTRONICALLY
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Ken
    If we use an electronic signature platform (e.g. Docusign), how do we handle the 3 Day Notice of Cancellation?   Does it still need to be in triplicate (3 PDF pages – all initialed by the customer), or can we just show the page once for them since they could print multiple copies if they wished?
    Thank you very much.
David
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RESPONSE
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    You should be using our Disclosure and Consent to Electronic Communication agreement, now available as a Standardized Form.  This form will permit you to comply with consumer requirements for contracts electronically.  
    Since the 3 day Cancellation form is statutory in most states I suggest that you add additional language in bold and perhaps highlighted.  This should work:
TO CANCEL THIS TRANSACTION, MAIL, E-MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO: 
be sure to put your email address as well as your mailing address
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AUDIO IN WORKPLACE
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Ken
    Can I install audio devices in our office?
name withheld
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RESPONSE
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    Yes.  You must get the consent of those you intend to listen in on, whether its on the phone or listening devices in common areas in the workplace.  You can get consent in the Employment Agreement.  I have just updated our Standard Employment Agreement to include that consent.  We already had consent to monitor phone calls and now the consent is clear that it applies to areas in the workplace.
    You should keep in mind that the consent is only from your employees who have signed a written consent, so use the Employment Agreement for that feature as well as many others you need as the employer.     Also keep in mind that visitors to the workplace have not signed a consent.  That can play out in a few ways:

  • if a one party consent state then the consenting employee can be talking to the visitor
  • if a two party consent state then you can't mechanically listen in or record the audio
  • you can mechanically listen in or record two or more visitors absent written consent

    Unauthorized listening or recording is illegal in most jurisdictions.  
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