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comment on non-responsive subscriber / audio recording / Webinar on NY license law changes March 2 , 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on non-responsive subscriber / audio recording  / Webinar on NY license law changes
March 2 , 2018
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WEBINAR:  New York Alarm license law changes - discussion on the Employee ID cards and more
When:  March 6, 2018 at 12 noon EST
Where:  Your computer or internet connected device
Who should attend:  Alarm company owners, license holders, license compliance managers
Presenters:  Ken Kirschenbaum,Esq,  Alan Glasser, Ex Director of MBFAA, Officer TBA, NYSESA.  If you would like to be added as a presenter let me know well in advance.
Format:  Panel or round table discussion, depending on number of attendees.
Register:  register now to save your space.  Register here:  click here to register
https://attendee.gotowebinar.com/register/3854125094857183490
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comment on non-responsive subscriber
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Ken
    Regarding the non-responsive subscriber problem.
    Maybe I am missing something, but did you ever consider visiting the customer in person? Sometimes we forget that face-to-face meeting is the most effective way to service our customers.
Dan Mahoney
Safe & Sound 
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audio recording
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Ken
    I’ve always told my customers that recording audio is against federal wire tapping laws and that I cannot do it for them.  I have showed them within the manual where the settings are as they own the equipment and have full access to turn anything on that I have turned off.  Almost every manufacturer has audio channels on it.  I’ve had customers tell me that all we need to do is post signs stating that we are recording video and audio.  So, what is the real answer?  I mainly do business in Pennsylvania.
Thanks,
  Larry
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Response
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    Audio recording or mechanical interception of audio is prohibited in all jurisdictions unless one or all of the participants to the conversation consent to the recording or listening.  To check your jurisdiction go here:
https://www.kirschenbaumesq.com/page/alarm-law-issues
    The use of audio recording or listening devices is legal everywhere, provided you have the consent.  As an installer of the equipment you would not ordinarily be responsible for how it's used.  Your responsibility to your customer is to remind them that the equipment should be used lawfully.  It is not your responsibility to explain the law to your customers.  The Residential All in One and the Commercial All in One addresses this issue sufficiently.  Offering your opinion can get you into a lot of trouble, because you could be, and most likely are, wrong.  As far as I can tell, signs do not circumvent the consent requirement.  Audio announcements do not circumvent the consent requirement.  But you are not the one doing the listening.  You sold and set up equipment, and unless you know damn well that it's going to be used illegally, I don't see why you should be liable or responsible for misuse.  Of course not every Public Prosecutor may agree with me, so I perfectly understand if you would rather not install equipment if there is any question how it may be used.  Unfortunately, for you, newer technology includes the audio capability with other devices, so it's harder and harder to avoid installing the audio devices.  If you use the Standard Form Agreements you should be safe, especially if you stop offering legal advice.
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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
516 747 6700
www.KirschenbaumEsq.com