KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More on complying with legal process and feeling sorry for subscriber  
June 12,  2021
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More on complying with legal process and feeling sorry for subscriber
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Ken
          We have several clients with cameras in their business. It seems that 2-3 times a month we get called by customer to go to their site to record on a thumb drive the incident from the alley about some other situation or break in to our customer.
          For our customer’s break in, I would definitely charge the customer for the time for Tech to be at site and the thumb drive. But what do we do when police/or agency asks for Video for something that is not related to our customer but his cameras could have seen the incident? And police want a video copy?
          I feel bad for the customer too, but who pays for our employees’ time?  Am I supposed to charge my customer or whom?  I would appreciate a little bit of input on this.
          Wondering what other Alarm Companies/ Surveillance are doing.
Thanks
AC
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Response
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          Well, I’m not sure I can help you with your feelings; feeling sorry for your subscriber.  You are not compelled to charge the subscriber for your time making thumb drives. Maybe you should train your subscriber to make the thumb drive.  Maybe you should have sold your subscriber Video Monitoring service so that the central station could store and retrieve the data, or your subscriber could access a portal and retrieve the data itself.
          Your subscriber could also remove outside video [and audio] so that only interior space is recorded.  Your subscriber could also set up its NVR to over-record every 24 hours, or more frequently. 
          It’s not your responsibility to make a site visit and prepare flash drives or explain the data.  The All in One Agreement makes it clear that you will charge your subscriber for this service and the amount to be charged is specified.  If you get enough of this you’ll be feeling sorry for yourself if you don’t get with the program as specified in the contract with your subscriber.
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ISC schedule
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          I’ll be at ISC in July and we are now scheduling private meetings and participation in round table discussions, topics and guest speakers TBA.  Time for private meetings are limited so please reach out to Stacy Spector, Esq at 516 987 8428 or SSpector@Kirschenbaumesq.com.  Concierge Clients with appointments are all set. 
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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