November 5, 2011

 

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Comment on bath room camera

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Ken,

Sounds like Starbucks being sued for no fault. It looks more like the Connecticut case. An individual placing self-contained recording cameras in public bathrooms to retrieve them later and sell the footage on the internet.

Dusan

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comment on cooling off period and summer program companies

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Ken

Again I just wanted to say thank you for the time that you dedicate to this newsletter. The information is insightful and comes in bits of things that one may never think of. I know I have seen some information on this before, but when companies come around and slam your customers, what will you need to get an injunction. The summer companies are the main abusers in our market and customers find themselves in two contracts thinking that they were getting an upgrade from the original company. How can we take the steps to deal with this. I also wanted to mention that in states where license is required that companies file a complaint with the license boards.

Brett

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Question - camera in own home

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Hi Ken,

I have a customer that would like to put 2 Camera's inside there home. Family room, Living room or maybe a Hallway. What are the legalities on something like this.

Thanks

Eric

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Answer

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Make sure you explain to the contracting party that everyone in that house should know about the cameras. They should not be covert.

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Question - does 3 day notice apply to a new contract

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Hello Ken,

Thank you for your daily newsletter. I use your Standard Monitoring Contract and have a few accounts which are coming up for renewal. Although the contract allows for a month to month scenario after the contract has been satisfied, I know that from reading your newsletter many times that having a newly signed contract is in my best interest. I am assuming that the three day notice would still apply to an already existing customer since they are technically entering a new contract. Is that correct?

Thank you.

Darren

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Answer

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The 3 day notice and cancellation form are required when it's a door to door sale; the salesman visits the premises prior to the contract execution. If you are sending an existing subscriber a new contract to sign, rather than depend upon an automatic renewal provision, you should not need to comply with the cooling off statute. If you send a salesman to the house, then you must comply.

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Question - AIA contract

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Ken,

If we sign the AIA agreement, reference and attach ours as an addendum will hold up in court? What if it is just attached ?

Michael Smith

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Answer

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You can't just attach your form contract to the AIA contract without referring to it, and specifying that any inconsistencies between the AIA and your form contract should be resolved in favor of enforcing your form contract, which is attached or separately signed and identified. The language need not be that precisely, but convey the same intent.

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Big fine - destruction of the video after he had received a court order instructing him to preserve it

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Dear Ken and fellow alarm companies. I saw this on our local newspaper and like to share the story. Here is the Link:

http://www.timesunion.com/local/article/100-000-bar-tab-for-missing-tape-in-police-2197526.php

John Papaleo