changing contract terms by notification/ /recording calls / another nasty subscriber - signs /Sarrg rental property question March 23, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
You are receiving this email from Kirschenbaum & Kirschenbaum PC because you purchased alarm / security contracts, are in the alarm / security industry or subscribed on our website. To ensure that you continue to receive emails from us go to your spam controls and white list ken@kirschenbaumesq.com, secure.mybiz.com, mybiz.com   Read prior articles at Alarm Law Issues / Articles / Email Articles
**************************************************************************************************
changing contract terms by notification/ /recording calls / another nasty subscriber - signs /Sarrg rental property question March 23, 2017
*************************
Next webinar March 28, 2017 - see schedule below
Title: All You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
**************************
changing contract terms by notification
***************************
Ken,
    The client is actually still in contract and paying her bill.  Can we send out a notification about changes to her agreement, like that the signs are our property, with out her signing anything new?
Like if she continues with services that she agrees to the new terms?
Sincerely,
Jeff Hanley
*************************
Response
*************************
    You can't change the contract terms on your own without the written consent of the subscriber.  Slience is not consent.  You may be able to send out notifications with minor operating or policy changes but trying to change material provisions this way won't work.  If it worked we would sign everyone up on one page agreement and send them a notice adding 3 more pages.  The fact that the subscriber continues paying you also isn't enough to confirm acceptance of new provisions.
*************************
recording calls
************************
Ken,
    Can I record inbound and outbound calls in Illinois?  Shall I have my employees sign a document?  
Raz M
****************************
Response
***************************
    I don't see how you can record calls without all parties consent.  IL is an all party state - everyone on call has to consent to recording.  Your employees can consent in their Employment Agreement or acceptance of your company handbook.  [you can get those at www.alarmcontracts.com]. 
    How do you get the customer's consent?  I would instruct your employees to ask for consent.  This means a question to the subscriber on the phone, "Is it OK with you if this call is monitored, because it is?  If the response is No then your employee needs to stop recording or hang up after telling the subscriber that they will get a written communicaiton from the company. 
    I also don't think that announcing the calls are recorded or providing a beeping sound equates to consent.  
****************************
another nasty subscriber - signs
****************************
Ken
    We have a client that has dropped service thinking we would walk away from the account and the 1 1/2 years or so of the monitoring. She claims we can't fix her alarm, she will not let us try even at no cost to her.  The issue is she has a very nasty sign in her front yard we have our two yard signs next to it. 
    What can we do??  Our contracts say nothing about decals and yard signs   Can we go on to her property and take the back?
Thank you,
Bob H
************************
    I guess you can get the yard sign [at night] - you cant get to the decal unless she lets you.  Updated contracts make it clear that the alarm company retains ownership of signs and decals
************************
Sarrg rental property question
************************
Ken,
    We been using your contracts for many years now and we are under the SARRG Insurance Policy under your recommendation.   The renewal came with the attached Policy Form changes under U.S. Risk Pros.
    We are concerned about one of the endorsements that reads:
• Fire Damage Limit Coverage –Endorsement revised to clarify Property Damage Coverage for Rented Premises
• Professional Liability Coverage – Removed reference to Fire Damage Limit under B (6).
    Would you mind responding about what you think.
AN
**************************
Response
**************************
    I asked Bart Didden, Sarrg's Claims Adminitrator, to get me the answer; here it is:
Ken, it clarifies and broadens coverage.  Previously, the fire damage limit didn’t really link to anything in the policy it only mentioned in the PL endorsement with no explanation on how coverage applied.  Should you have any questions, please do not hesitate to call me.
Best Regards,
Crystal Jacobs, RPLU | Vice President | US Risk Underwriters, partners with ESA & SARRG
(p) 866-315-3838
Email: usrisk@securityamericarrg.com
Website: www.securityamericarrg.com
****
And Bart added:
    The fire damage limit applies to property damage arising from any one fire at a premises that the insured is renting or temporarily occupying.  It has nothing to do with a fire at a customer’s facility.  Something of this nature would fall under the GL/PL (obviously depending on allegations made, etc.).
Bart A. Didden. Executive Claims Manager
Security America Risk Retention Group - SARRG
877-872-1266
bdidden@securityamericarrg.com 
securityamericarrg.com 
*******************************
WEBINARS:  Sign up for any or all of the webinars that interest you.
************************************************
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.
*************************
Title: All You Need To Know About Alarm dealer program contracts - getting in and getting out
When: March 28,  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 honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
*************************
Title: All You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 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 how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
**************************
Title: All You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
*************************

THE ALARM EXCHANGE

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
oovoo account: KenKirschenbaum