KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Customer recording and operator response / Comment on Storing old insurance policies / Audio laws
September 12, 2019
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Customer recording and operator response
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Ken,  
            Are there any legal implications to consider for releasing audio recordings from the monitoring station at the homeowner’s request?
            A monitored customer found drugs in the possession of her teenage son.  Her solution to the situation was to put the drugs in her in-wall safe.  The teenager knew the code so the homeowner wanted to change the code.  She called the monitoring station for info on changing the in-wall safe combination.  The monitoring station does not have that info and forwarded the request to the on-call tech.  Since this took place during non-business hours, the response time for changing the safe code did not meet the customer’s expectations.
            The customer’s tone and urgency indicated she was stressed and stated something along the lines – “I can’t take it anymore, I could just take my gun and shoot myself”.  Upon receiving this information, the monitoring station dispatched the police.  The customer is now asking for the recordings.
 Anon
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Response
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            I am surprised, twice.  First, that the Monitoring Center would have the home safe combination.  I can understand a home wall safe alarm, but the combination?
            Second, why did the operator notify the police?  Doesn’t sound like there was an alarm signal or alarm condition.  Sounds like someone muttered in frustration.  
            So I have question for you.  What does the Monitoring Center’s Response Policy say about a situation like this?  It’s operator action like this that gets alarm companies sued for acting outside the scope of the monitoring contract and services.
            I think the customer is entitled to the recording and could certainly get it if a lawsuit is started.
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Comment on Storing old insurance policies from article on September 3, 2019
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Ken
            Standard forms with no fill-in information do not need to be retained.  However, the dec page and any forms with fill in information including certificates of insurance should be retained.
            One of the issue, that tends to extend the status of limitation from kicking is the when a minor is involve.  You may which to retain your documentation for 18 years plus the statute of limitations.
David D
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Response
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            Alarm guys should hesitate to give legal advice.  This thread started with how long should old insurance policies be retained.  If you don’t know of a potential claim during the policy period it would not be necessary to hold onto the policy for more than 3 years.  Keep in mind that your broker may have record of the policy and the insurance company will also have a record, and the insurance company will be holding onto the information a lot longer than 3 years.
            It’s a good idea to hold onto business records, but hoarding records for excessive periods is unnecessary.  You can scan your records and retain the scan copies.  Be sure to scan front and back.  You cannot scan just the front page even if the form’s second page is never changed.  Scan it anyway with the front page.
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Audio laws
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Ken, 
            Do you have a source that I can reference regarding surveillance audio camera recording?   This has come up a few times and I've never found the actual documented answer. 
Michael A
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Response
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            http://www.kirschenbaumesq.com/page/alarm-law-issues
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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