KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Are you in the protection and life safety business December 5, 2024 ******************************** Are you in the protection and life safety business ********************************* Ken We had an attorney previously tell us we shouldn’t use the terms protect/protection or life safety when it comes to alarms because it goes beyond what we do (if there is a break in our system is meant to detect but we can’t claim to protect anyone or anything; we also can’t claim smoke detectors and CO detectors are life-safety devices as they are meant to detect but we can’t claim a life will be saved). I’m just wondering if you agree that we should stay away from those terms in things like proposals and marketing materials (i.e. “protecting your home and family” or “add life safety devices to your system”) or if they’re fine to use. Thank you April ******************************** Response ******************************** You do need to be careful with your words because they can create a false impression or mislead. The logical consequence of that is creating false expectations, which leads to misunderstandings and lawsuits. Before there was “woke” we were aware of the need to select words carefully, and there are a bunch of articles on the K&K website under Alarm Articles that deal with wording, especially on Signs or decals. While is on its way out you still need to be careful with your use of terminology. But I don’t think we need to be so hypersensitive to the point of being ridiculous. You are in fact in the life safety business; so is a Band-Aid manufacturer or the drug store that sells them. Though you don’t install equipment that puts out a fire, or even PREVENTS a fire, you do provide systems and services that do provide early warning. Same with other types of systems. Early warning may in fact be the life safety factor. You are correct that you have to be careful with your wording starting with the promotional material [flyers, website], your proposals and your contracts. There is a fine line between puffery [which is permitted] and misleading or outright fraud. I don’t think you cross that line with the word “protection”. You do cross the line with “prevention” or whatever might convey the idea that your system will keep families or businesses “safe” as opposed the “safer”. The word “prevention” has no place in the alarm contract unless it’s used to disclaim prevention. The Standard Form Agreements are written to convey the unmistakable message that the systems you install are designed to do as intended by the manufacturer and you, and not some imaginable expectation that is unrealistic. The Standard Form Agreements are written to overcome the puffery that may be present in pre-contract literature or presentation. You will find articles on Signs. I think they present a different issue. First they are not followed by a clear Standard Form Agreement that overcomes the pre-contract puffery. Second, they are relied upon not just by your subscriber, but members of the public, with whom you have no contact and not contract. You need to avoid creating unrealistic expectation for this class of people. For that reason you need to be careful with the wording on your signs and decals; you do not want to create a false sense of security, or if you prefer, life safety measures that everyone can rely on to keep them safe. Take surveillance signs in a public parking garage. In a really dangerous part of town. To make the point easily, you wouldn’t want your name on a sign that read: “Your safety protected by surveillance provided by ABC Alarm Co.” You play with the words as easily as I can and hopefully you get the point. What would be acceptable might be “Premises under surveillance” or changing premises for property, even though someone getting attached might be disappointed to later find out that the cameras were not manned and could only be useful after the fact. Again, use common sense [I hear that’s coming back into vogue], use Standard Form Agreements, be a K&K Concierge Member and use the program, and you should be fine. *************************** K&K Holiday Party 2024 – Napco will be providing grab bag gifts to dealers attending ************************** The K&K Holiday Party will be on December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM. If you are coming you should have RSVP'ed to Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Amy Laveglia at 516 747 6700 x 313 or ALaveglia@Kirschenbaumesq.com or on the sperate invite. Special thanks to Napco who is promising to have give away grab bag gifts. It's a surprise and you won't want to miss out. Thanks to Dick and Donna Soloway and the Napco crew for their support and generosity. *********************************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
