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 white list ken@kirschenbaumesq.com ******************************* Assigning contracts with credit card authorization / Comment on fake smoke detectors November 16, 2019 ********************** Webinar Notice: Title: contracts and insurance – identifying your risk in 2020 Date: November 25, 2019 at 2 PM Central time [3PM EST] Hosted by ESA Presenters: Sophia Dominguez, from ESA, Crystal Jacobs, from Security America and Ken Kirschenbaum, Esq Format: round table live video discussion and power point Who should attend: alarm company owners, monitoring center owners, risk managers Register Here: https://zoom.us/webinar/register/2615732472365/WN_nGQNtCosQjSPWzBL7_clIg ************************** Assigning contracts with credit card authorization ************************ Ken We are a client and user of your Standard Residential Security Agreement and Standard Commercial Security Agreement. We are assigning our contracts to Buyer (another alarm company). Since the contracts contain an authorization to auto-bill a credit card, and some of them are completed and contain the customer's credit card information and authorization to bill, and they are in-fact billed using this credit card information, I just want to make sure we are allowed to furnish copies of these contracts to the new company when completing the assignment. Thank you very much for your clarification. Sincerely, Name withheld *********************** Response *********************** I checked with Tom Aronica from SkyBank Financial and he concurs with the following: If you assign the contract I think the cc info goes with it -- but buyer should check with its credit card processor to find out if it wants buyer to get new credit card authorization running to the buyer. Getting new authorization may be preferable, though I can see why a buyer would not want to make that effort. The buyer certainly needs to safe-guard the credit card information. Both you and the buyer should have Red Flag policies in place and notice on your website how you treat confidential customer information. We do offer the website notice as one of our Standardized forms at www.alarmcontracts.com It’s the Privacy Statement for Website form. ************************* Comments on fake smoke detectors from November 8, 2019 ************************* Ken, In regards to the smoke detector camera article by Sperry West: As people have mentioned in the past in your newsletter, they are against the law in Massachusetts as are any other devices that mimic life safety devices. "The installation or use, in any building, of any device or object that reasonable appears to be a smoke detector, sprinkler head, carbon monoxide alarm, heat detector or any other similar device, used for life safety or fire protection that is, in fact, neither designed nor capable of performing such life safety or fire protection function, shall be prohibited.” Greg Smizer Sprint Security Inc **************************** Ken Perhaps I’m wrong, but I was of the understanding that if a camera is disguised as a smoke detector, it had better function like a smoke detector as well. Bob Klein RK Electronic Services LLC Monroe, CT ******************************* Response *********************** I think fake smoke detectors are a bad idea even if your jurisdiction doesn’t prohibit it. One thing is for sure, the fake smoke detectors would have to be carefully disclosed in the All in One in the Schedule of Equipment and Services and would also be noted in the Disclaimer Notice. ************************* To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ 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
