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WHY IS RENEWAL MONTH TO MONTH
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Ken
    Monitoring: Why does the term switch to month-to-month after 5 years?  Are we able to change this to have this auto-renew for one year after that initial 5 year, instead of month-to-month?
Thank you
David
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RESPONSE
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    If you are in a state that prohibits or conditions automatic renewal you are most likely not going to comply with renewal conditions.  The statutes generally exempt month to month renewal.  Since you need the contracts to continue after the stated term you don't want to be in a position where the renewal is ineffective and unenforceable.  That's what the Standard Form Agreements renewal month to month.
    If you are in a state that doesn't have a statute regarding automatic renewal, and you don't anticipate that a statute is forthcoming, then you can have a renewal term beyond month to month.  Whether a judge will enforce that renewal term is another question.  The renewal would have to make some sense, and in a consumer transaction it's going to be an up hill argument that a 5 year term should be renewed for another 5 years when there has been no new consideration by the alarm company.  I do think that renewal will be enforced if you invoke the contract to defend against a claim, but not likely if you are trying to hold the subscriber to the renewal term in a collection case.  The Standard Form Agreements are 10 year term for commercial and 5 year term for consumers.  After that it's month to month, and I suggest you get a new contract signed before the initial term expires.
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RECORDING EMPLOYEES AND OTHERS
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Ken
       Do you know the requirements if we record all calls at company?  How do we let employees know?  Is putting notification on prompts for auto attendant for client sufficient?  Do we need to put notification on the on hold message?  Not sure where we need to disclose this.
Robert
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RESPONSE
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    In every state you need consent from either one party to the conversation or all parties to the conversation to mechanically listen in or record conversation.  Check your state here:  https://www.kirschenbaumesq.com/page/alarm-law-issues
    This inquiry came from a NY client.  NY is a one party state, so you can get your employees to consent.  That consent can be obtained in the Employment Agreement or their Employee Handbook that they acknowledge receiving and agreeing to.  Once the employee has consented there is no need to let the outside caller know that the conversation is being recorded.
    But that's not the case in an all party state.  The caller has to consent.  I am not aware of any statute that provides that an announcement that the call is recorded constitutes consent.  Maybe someone knows of such law.  Certainly signs don't work.  Eliciting an electronic consent may work, though I am not aware of the statute that would authorize it.  It would work by first announcing that the call is being recorded or listened to and requiring the caller to press another button to consent and continue.  Common sense suggests that would work, but not sure there is actually any legal authority for that procedure.
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