KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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contract questions / can wife sign husbands name / responding to demand for video data / ss numbers / Disclosure and Consent to Electronic Communication
April 2, 2018
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can wife sign husbands name
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Ken
Thanks for the wonderful forum.
I have a customer who called to cancel the Alarm and cameras we installed. Customer claimed he never signed the Agreement but his wife signed his name and hers. I have a copy signed by both names. We are using the All in one Agreement. We’re in the state of North Carolina. What are our legal remedies?
Please keep my name
Anonymous.
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Response
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Sue the wife because she signed the contract. Sue the husband because his wife signed on his behalf and she has implied authority. He may claim she didn't [maybe they don't live together]. The wife is liable for herself and either she is also liable for her husband or he is liable too. It's an agency issue.
Send it over to my office and we will commence arbitration against them. Contact our head collection paralegal Kathleen Lampert at 516 747 6700 x 319 and she will send you our Commence Litigation Form.
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another contract question
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Ken,
I just purchased your All in One contracts. So I am not sure which contract to use and the amount to enter in to the contract when a customer is getting a free system but purchased 2 extra motions at $100.00 each. So do I use the all in one with purchase price waved or the other standard contract? What do we put in for the purchase price the total of monitoring over 5 years and the $200.00 or just the $200.00?
Confused,
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Response
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You have the "free" All in One which provides for the Purchase Price on the basic system to be waived if subscriber completes the RMR parts of the contract [could be monitoring, repair service plan, inspection]. You set the price of the basic system. Extras are paid for at time of installation; that part of the price is not waived. note: the All in One for the free system is not on our order form. You need to call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 when ordering that form.
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responding to demand for video data
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Ken,
With the number of surveillance systems increasing, It's obviously a great tool for the police conducting an investigation and also great for defense attorneys in some cases. I and the customers realize the other benefits such as fraudulent lawsuits, damage to the building and a whole host of others.
That said, I've recently had some customers, in Manhattan, request us to remove the exterior cameras due to the amount of time and money spent backing up video for subpoenas. I have a building getting a request just about every week from defense attorneys (nice area with high crime). The police will usually come for the video themselves and use their flash drives which is disruptive but not as much a burden. I'd imagine the owners and managers are discussing this within their circles and could be a common and spreading issue.
This has a direct affect on our industry, law enforcement and all the benefits of the cameras to the owners.
Is there a way to for owners to require payment for the time spent and device used such as a flash drive after receiving a subpoena? Also, is the wording on many subpoenas, "Because we are a non profit agency all copy fees should be waived" a legal way for them not to pay?
Thank you for your time,
Paul Costakis
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Response
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Subpoenas require witness fees and you can charge for the cost. Most lawyers will be happy to pay for cooperation. Retaining the video for 24 or 48 hours and then recording over the data will also put damper on your customer's responses. Private people or businesses do not have any obligation to preserve data for any particular time unless law enforcement or a claimant requests preservation of a particular event
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social security numbers
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Ken,
Our lead tech is the guy who goes out and gets all the contracts signed. I just discovered he’s never had the customer put down a social security number and the last page of the contract. His claim is that you should never give your social security number unless it’s required. Is this highly recommended or required? I’ve assumed everything is required unless it has a box that can be checked if the wanted that feature. It seems to me that we would want that if they defaulted it would be easier to start a charge-back process.
Thanks for your time.
Raleigh
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Response
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You don't need to get the social security number, and if you do you have to make sure you safe-guard it. It comes in handy for identification and if you have to sue your subscriber.
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Disclosure and Consent form
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Ken
My question is concerning the DISCLOSURE and CONSENT ELECTRONIC COMMUNICATION agreement.
I see that it is set up to be signed by an individual. My concern is it ok for a commercial subscriber to personal sign it instead of signing it for the company By and individual.
Would it be ok to have it set up to be signed by a company or personal?
Thank you in advance for your help!
Jonathan
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Response
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The Disclosure and Consent to Electronic Communication is a consumer form, not commercial customer form. It's signed by individuals, not businesses. Consumer laws require that certain documents be provided. If you provide those documents electronically you need a form signed by the consumer that consents to that method of delivery. If you do on-line execution of contract then be sure to use the Disclosure and Consent to Electronic Communication form.
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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