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Removing Equipment
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Ken,
    We sell our contracts to Monitronics as we are part of their dealer program. That said, we get charged back if the customer doesn't pay their bill within the first 13 months. So we are going to remove the customers equipment from their home. Is there anything we need to do to cover ourselves legally, especially since the contract is now technically with Monitronics?
Thanks
Best regards,
anon
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Answer
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    You get charged back if the subscriber defaults during the first 13 months, but you didn't tell me who owns the subscriber contract once you've been charged back.  If Monitronics continues to own the contract then you have no rights to do anything.  If the contract is reassigned to you then you can enforce the contract terms, including the right to remove equipment if that is provided for in the contract.  Keep in mind that once you sell and install the equipment you don't retain the right to remove it just because there is a failure to pay, unless the contract provides for that.  The Stanard Form Contracts do contain provisions that are clearly helpful in a collection situation, including the right to file a UCC-1 and become a secured creditor.  
    If you're getting charged back it's likely that the contract will be reassigned to you, at least that would be the reasonable expectation.  It's also likely that Monitronics has make some collection effort.  By the time you get the contract back you may find enforcement difficult.  BTW, aren't you better off having the option to require the subscriber to purchase any equipment you want to remove?  Your contract should give you the authority to deactivate communication devices upon devices.  
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Upgrading From 2g to 4g
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Ken,
    We have to upgrade customers from 2G to 4G. I’m using a formula where they pay $99 up front and an additional $5.95 more per month for 60 months. Trying to avoid them having to sign another all in one contract. Can I have them sign a rider instead? If so, do you have one developed?
anon
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Response
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    When you get the All in One form it comes with a Supplemental Rider which is to be used for changes to the system and contract.  You can use that, though you'll have to prepare the language to describe the work to be performed.  A special rider or new contract isn't necessary; use the Supplemental Rider.
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Camera In Son's Room
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Ken,
    I have a customer in Massachusetts that wants to put covert cameras in his son’s room,his room and front door. Can I legally put these in and does he have to tell visitors that he has cameras? He wants to be the only one that knows and uses these remotely with his phone or PC. I called my distributor and was told its illegal to install without telling others you have cameras in the home.
    Thanks again 
Frank
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Answer
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    I think you can do it.  There are a few reasons I reach this conclusion.  
you are in Massachusetts and your state has no video law that I know of

  • I assume the customer's child is a minor; the parent can consent on child's behalf
  • I assume customer is home owner.
  • He can put video in his own room
  • He can put video on front door, where there is no expectation of privacy

    Make sure you don't install audio interception devices.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org
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