KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on video and audio recording burglars / employee consent / sign up for webinars today
September 5, 2020
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Comment on video and audio recording burglars from article on August 27, 2020
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Ken,
                        Wouldn’t a practical (non-legal) solution be to place a clearly visible sign stating that the premises is video monitored and recorded?  This would be similar to notifying someone that they are on a recorded phone call.  The burglar then has the freedom to choose to rob the house next door that is not monitored.
Steve Meyer, VP of Operations and Administration
Emergency 24 Alarm Monitoring
www.emergency24.com
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Response
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            Interesting that you compare “practical” with “non-legal”. It would be better to find “practical” and “legal”.  But I don’t think signs do it.  Check the video and audio laws; you can start your search at https://www.kirschenbaumesq.com/page/alarm-law-issues
            Last time I checked, none of the laws provide for exceptions if signs are posted.  The statutes speak in terms of “consent”.  Perhaps there are court cases that accept “implicit” consent, but I am not familiar with those cases.  Anybody know of any?
            It’s not likely that anyone would post a sign “ Attention: Those entering these premises unlawfully or with criminal intent are subject to video and audio recording”.  May as well simply post “Everyone entering these premises is subject to video and audio recording”.  
            I doubt a sign would make a difference, especially if it was the legal issue affecting the admissibility of the video or audio recording.  No defendant is going to admit that “sure, I knew I was going to be recorded but I figured the data wouldn’t be admissible, and not only that, I’m looking for a lawyer to sue for violation of my civil rights”. 
            The problem with signs is that not everyone reads English, not everyone reads, period, not everyone sees the sign or understands it. 
            You mention an interesting ubiquitous practice: announcing that the phone call is being recorded.  Is that announcement enough?  I haven’t seen a case or law that addresses it specifically.  I don’t believe it would be enough to satisfy an all-party state, where everyone on the call had to consent to the recording or listening by another.  [in one party state it’s not a problem because the operator has consented to the recording] Most recordings don’t make it clear that you can hang-up, the recording typically just says that the call is recorded for quality assurance.  To comply with the law, in my opinion, the recording would have to advise of the recording, tell you to hang-up if you object to the recording and perhaps suggest an alternate way to communicate with whoever you’re calling.  After all, you shouldn’t be compelled to submit to a recording if you’re trying to reach a supplier, a public utility, making a warranty claim or trying to reach customer service.  I’ll leave this to the class action lawyers to explore.
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Employee consent
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            Employees can give blanket consent to audio and video recording in their Employment Agreement and in the company Handbook (if it’s signed).  Employers recording calls or who have video posted should get the consent.  This will satisfy the one-party consent state when the employee is on the phone with a non-employee on a recorded call or if video is collected.  The Standard Form Employment Agreement has the necessary consent provision.
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WEBINAR SCHEDULE AND REGISTRATION
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Webinar Series: Financing for the alarm industry 
When: September 15, 2020 12 PM ET half hour presentation and then Q&A
Topic DetailsHow to Use Lending to Grow Your Business - A general overview of how an alarm dealer can use lending to grow, such as making a acquisitions, buying out a partner, fueling organic growth, consolidating debt, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/5986254083373814030
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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Webinar Series: Financing for the alarm industry 
When: September 17, 2020 12 PM ET half hour presentation and then Q&A
Topic DetailsHow to Finance an Acquisition - A more specific drill-down on this method of growing by purchasing the accounts of another alarm company
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/4228983813536754190
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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Webinar Series: Financing for the alarm industry 
When: September 22, 2020 12 PM ET half hour presentation and then Q&A
Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/3255545487536556558
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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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