KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Alarm Company soliciting other Companies accounts / Subcontracting for Other Alarm Companies / cs webinars  Why you should use our central station - webinars continue
July 27, 2020
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Today's webinar is CANCELED BY THE CS
Acadian Monitoring Services – July 27, 2020 - canceled
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Alarm Company soliciting other Companies accounts
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Ken
            In these days of national companies and DIY companies, if an Alarm Company solicited an unlicensed Company’s account would there still be grounds for legal action?
            Example - DIY company ships equipment to customers from out of State. DIY Company has no license to do business within the Customer's State. DIY company then begins charging monitoring fees to the Customer.  The Customer is then solicited by a local company to "take over" the monitoring.
anon
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Response
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            Absent some contractual restriction between the two companies the “legal action” you refer to is a cause of action for tortious interference of contract or business relationship.  In the scenario you present such a cause of action would, in my opinion, not be winnable.  In order for there to be a tortious interference of contract action there needs to be an enforceable contract.  To sustain a cause of action for interference of business relationship the parties would, at the very least, have to be engaged in lawful enterprise; courts will not enforce illegal contracts.
            The DIY company that ships equipment into a state is probably not required to be licensed.  However, DIY companies want to monitor those systems, and in over 20 states and cities a license to monitor is required.  In you scenario you say the DIY company is not licensed, hence, whatever contract or relationship it has with the customer for monitoring is unenforceable and the customer is free game for competitors.
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Subcontracting for Other Alarm Companies
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Ken:
            Here in Central California, we service our own customers. Another Alarm Company asked us to service one of their customers. We accepted and went to the site to run a few service calls for the other company as a subcontractor.
            Our question to you is: Do we need to have the alarm company who engaged us sign any type of contract with us?
anon
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Response
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            Let’s start with a basic tenet I’ve stated many times:  you should not do any work – installation, service, inspection or monitoring, etc – without a proper contract in place to protect you.  In your case there are two contracts you should be concerned with.
            In order for you to be protected from claims arising from your service calls you need contractual protection from the subscriber.  The alarm company hiring you won’t want you getting your contract signed by the subscriber, so you need to verify that the engaging alarm company has a contract in place with the subscriber; then you need to make sure that the protection afforded in that contract extends to you, as a subcontractor.  If it’s an unaltered Standard Form All in One, you’re covered.  If not, better read it carefully and if there is no contract then pass on the subcontract job.
          The other contract is an agreeing between you and the company engaging you; it’s called the Subcontract Agreement, and you can get it at www.alarmcontracts.com.  Don’t leave home without it.
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Central station webinars
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            Not all central stations on The Alarm Exchange have opted to participate as of yet.  You still have time.  Contact our Concierge Coordinator Stacy Spector,Esq at SSpector@Kirschenbaumesq.com or 516 747 6700 x 304.  You just might pick up one or more dealers.
            And, speaking of dealers, selecting the right central station is important; there’s lots to consider.  K&K is saving you the trip to Vegas and bouncing from one booth to another, stuffing your pockets with candy and pens [not that there is anything wrong with that].  You have and you will be hearing from the best of the best in this webinar series.  
            Keep in mind that any legitimate central station is going to require you to sign a Dealer Agreement.  This isn’t a car rental contract at the airport.  It can be modified and you need to ask for those modifications.  I’ve designed a Rider that applies to every central station Dealer Agreement because it includes all the provisions a dealer should be asking for and is entitled to.  If you are negotiating with a new central station or re-negotiating with your current central station, be sure to get the Rider.  It’s $500 and well worth it.  Order it at www.alarmcontracts.com in the Monitoring Centers Contracts category.
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Central Station* 2020 webinar series K&K is hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability.
  *  only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series: 
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Acadian Monitoring Services – July 27, 2020 - CANCELED BY CS
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General Monitoring Services  - July 28, 2020
https://attendee.gotowebinar.com/register/6847800607085109776
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Cops Monitoring - July 29, 2020
https://attendee.gotowebinar.com/register/5614688421138368523 

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Security Partners - July 30, 2020
https://attendee.gotowebinar.com/register/2765625095170808591 
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National Monitoring Center - July 31, 2020
https://attendee.gotowebinar.com/register/2527889790544756495

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Electronix Systems Central Station Alarms - August 6, 2020
https://attendee.gotowebinar.com/register/2606752262202465549
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Central station 2020 webinars
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             Not all central stations listed on The Alarm Exchange have opted to participate in our webinar series, "Why you should be using our central station" and I've been wondering why.  Only answer I can come up with is, apparently, they don't think you should be using their central station.  Go figure.
            Our central station's webinars have begun.  Register now.  
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and what you can expect to pay.
  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:  https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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