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liability exposure for audio in common area / scanning documents / ACH and Credit Cards / February 25, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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liability exposure for audio in common area / scanning documents / ACH and Credit Cards / see webinar schedule below February 25, 2017
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liability exposure for audio in common area
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Ken:
    I have a client with many apartment buildings in NYC where we have video. These are hosted systems with a local backup. This client wants us to install a camera with audio recording in a common area of the building.
    Specifically a hallway near the apartment of a verbally abusive tenant.  I advised that they may be breaking privacy laws and asked if there was an expectation of privacy if a tenant didn’t see anyone else around. He is an attorney btw, and stated that he isn’t concerned about it as he can get affidavits from the brokers trying to rent the apartment. My question is, he may not be concerned but I am. What is our exposure?      As you know we use your All in One, modified for sales/ lease, which you approved.
MC
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Response
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    You can install the camera with audio.  You can put on your Schedule of Equipment and Services that "subscriber has been advised to use equipment legally" or "subscriber advised to check audio and video laws for lawful use of equipment".  You have no liability, which is not to suggest that you won't get sued, but that's what the indemnity provision is for.
    Few other observations.  I know you're not an attorney, so why would you advise a subscriber that they are "breaking privacy laws" and going even further by getting into a conversation about "expectation of privacy" with the subscriber?  Even if you were an attorney that conversation is inappropriate.  Raising that issue, or having a concern for yourself, would be appropriate if you are asked to install a camera with or without audio in a place you know damn well isn't legal.  A public bathroom toilet.  A hotel bedroom.  A Catholic Church confessional.  NSA headquarters.  
    One other thing that you mention, your modified sale/lease.  I approved?  I don't combine sale with lease.  I won't draft it.  Perhaps you drafted it and caught me at a weak moment.  The Standard Commercial All in One, in sale or lease format, is the right contract for the above transaction.
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scanning documents
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Ken
    I just had a question regarding scanning documents.  Is it okay to scan the contract documents after they are signed and email a copy instead of sending hard copies in the mail (due to the expense)?  
    Also is there anything in the contract that would let me out of the terms of the agreement if something was to happen down the road?
    I was also wondering if there was a way to have a recurring payment through a credit card in addition or instead of a bank account?
Thanks for your help!
JD    
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Response
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    You can scan the signed contract.  Be sure to scan the entire document.  You can mail a hard copy.  If you want to email the copy you will need to get a Disclosure and Consent to Electronic Communication form signed.  You can get that at www.alarmcontracts.com
    There are many provisions in the contract that permit suspension or termination of the contract by you, but there are no provisions that permit unfettered termination.  Giving you the right to cancel anytime should not be unilateral and you don't want to give the subscriber that right.
    When you get our Standard Form Agreements we include ACH and credit card provisions.  Whether you can set up the credit card processing for automatic monthly charge depends on your deal with the credit card processing company.  I recommend you contact SkyBank - listed on The Alarm Exchange with this listing:
SkyBank Financial. Full service payment processor specializing in custom solutions for the Security Industry with integrated solutions to most popular monitoring software. FREE access to state-of-the-art SkyBank Gateway including Virtual Terminal, Automated Recurring Billing modules, and Electronic Invoicing. Customized solutions for credit/debit and e-check (ACH). LIFETIME LOWEST RATE GUARANTEE. Contact Thomas Aronica at 800-617-9980, applynow@skybankfinancial.comhttp://www.skybankfinancial.com
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 SECURITY LINE MAGAZINE, DIGITAL EDITION,

A publication of the Metropolitan Burglar and Fire Alarm Association of New York, Inc.,
IS NOW ON LINE in COLOR.
Read it on line as a PDF or download it and read it anytime, anywhere!
The latest issue: January - February 2017 can be found at http://www.mbfaa.com/Security_Line.htm
In This Issue of Security Line:
Page 4: Security of Our Security, by Mike Zemering, President, MBFAA.
Page 6: What'd Ya Want Me To Do — Ring Your Doorbell?, by Alan Glasser, Executive Director, MBFAA.
Page 8: Legal Side - How to Deal With Subscriber's Loss, by Kenneth Kirschenbaum, Esq., Legal Counsel to MBFAA.
Page 12: Year End Tax Strategies & Planning Tips for Small Business & Individuals, by Gary Schwartz, CPA, MBFAA's Accountant.
Page 15: New Area Code 838 Added To Same Area Served By Existing 518 Area Code.
ADVERTISERS' Index. Hot Links in the Magazine on line:
Inside Front Cover: NAPCO
Page 5: Anixter / Tri-ed / Clarksecurity
Page 7: Rapid Response Monitoring Service
Page 8: Brooklyn Low Voltage Supply
Page 9: Ken Gould Consulting
Page 10: Approved Alarm Industry Standard Form Contracts
Page 10: Altronix
Page 11: NationWideDigital Monitoring Co
Page 13: Statewide Central Station
Page 14: DSC, Kevin Lyons
Page 14: Christy Industries, Inc., Thomas Principale
Page 14: Mongotel, David Levine
Page 14: USA Central Station Alarm, Tom Camarda
Page 15: United Certified Central Station, Inc.
Page 16: Edward Keshecki, NICET IV Fire Alarm
Page 16: Honeywell Automation and Control Solutions, Gary Thornhill
Page 16: DMP, John Luzzo
Page 16: Certified Alarm Distributors, Mayer Sprecher
Page 18: Central Insurance Agency, Alice Giacalone
Page 18: ALARMAX Distributors, Inc., Karen Behr
Page 18: AIPHONE, Gary Minars
Page 18: ASSA ABLOY / Alarm Controls Corp., John Benedetto
Page 18: NAPCO, Nick Labella
Inside Back Cover: Metrodial Monitoring
Back Cover: Counterforce Central Alarm Services Corp.
SECURITY LINE MAGAZINE, DIGITAL EDITION, a publication of the Metropolitan Burglar and Fire Alarm Association of New York, Inc.
READ IT NOW!
Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
PO Box 54, Brooklyn, New York 11204-0054
(718) 894-6712 
w eFax (718) 228-7940
e-mail mbfaa.ny@gmail.com
 w web site www.mbfaa.com

                                WEBINARS:  Sign up for any or all of the webinars that interest you.

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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.

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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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THE ALARM EXCHANGE

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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
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