KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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do you need customer consent for tech phone access - ADT issue
June 19,  2021
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do you need customer consent for tech phone access - ADT issue
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Ken
    Do you have a contract that states that the customer is in agreement with our employees having access on their phones to customer's security systems, for the purpose of service? Do you know if we need to have customers sign on it, or it's self understood that employees have access to customers' systems?
  Thank you
Perry
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Response
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    A question no doubt inspired by ADT's ex-employee who is likely on his way to serving his 52 month incarceration for helping himself to video access to customer cameras. There is no consent provision in the    Residential All in One or any other All in One. I'm not sure what consent you'd be looking for; perhaps consent that a tech can look in on the cameras whenever he wants to?
    It's easy to add a provision for such consent, but so far no one has asked for it and I just don't see that it's necessary or appropriate. You, and by extension, your employees may have access to customer computers and data, and the Standard Form Agreements do provide for remote access for proper purposes. Proper purposes would be for signal verification or repairs or testing. I don't think it appropriate to provide that employees have access and may abuse the privilege. I may as well give you contractual consent to rob your customers.
    I think there are certain issues and performance levels that are expected from alarm companies. Alarm contracts have enough "protective" provisions without going overboard with customer consent for every abuse by employees that can be imagined.
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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