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 ****************************** Attend our free round tables at ISC / Auto renewal legislation in Delaware July 15, 2021 *************************** ISC round tables - call to attend and participate *********************** Still some openings for the Round Tables. Don't miss out on these free educational participation meetings. Contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com for availability to participate Confirmed round tables: Monday July 19 from 2-3pm Ron Davis - discussion on selling and listing with broker Tuesday July 20 from 11 am to 12pm Troy Iverson, Avantguard. Central station issues and what's new at Avantguard Tuesday July 20 from 2-3pm Mitch Reitman. Selling, taxes and structuring issues Tuesday July 20 from 4-5PM Morgan Hertel, Rapid Response. What's new at Rapid and exciting in central station operations Wednesday July 21 from 10 -11am. Shawn Iverson, The Insurance Center. E&O coverage and insurance issues for alarm industry Wednesday July 21 from 2-3pm Ken Kirschenbaum. Contracts and how to respond to contract challenges Wednesday July 21 from 4-5 pm Ken Kirschenbaum. Buy - sell considerations from legal perspective. How to plan for it and what to expect ************************** Auto renewal legislation in Delaware ************************** Ken, Will Kirschenbaum Contracts be good for the Delaware automatic renewal law that is slated to take place January 1, 2022? Anon ****************************** Response ****************************** Delaware hasn't passed the automatic renewal law yet as far as I know, but it's likely to pass. I've explained many times why the Kirschenbaum Contracts™ have month to month renewal, even in states with no automatic renewal law or prohibition. Delaware is about to provide further justification for that position. The Delaware legislation will apply to consumers [residential] and require conspicuous notice of the renewal provision and notice of the renewal, permitting cancellation. Month to month renewal is excluded. All Kirschenbaum Contracts™ are drafted with month to month renewal, so yes, they all comply with the legislation. They also comply with other states' requirements. No point circulating the legislation now; let's wait until it's the law. In the meantime, no matter where you are, make sure your automatic renewal is month to month; you will avoid plenty of work when your state decides to adopt similar legislation. The Delaware proposal is interesting for another reason; it specifies that failure to comply with the automatic renewal law is deceptive business practice and it permits a private remedy for the affected consumer. The law requires that the automatic renewal provision be clear. If you don't use the All in One standard Kirschenbaum Contracts™ take a look and see if your contract meets any of these guidelines set forth in the legislation suggesting that a court find the contract deceptive: 2733. Guidelines: The following are factors that a court may consider in determining whether a contract complies with this subchapter: (1) Whether cross-references are confusing. (2) Whether sentences are unreasonably long or complex. (3) Whether sentences contain double negatives and exceptions to exceptions. (4) Whether sentences and sections are in a confusing or illogical order. (5) Whether it contains words with obsolete meanings or words that differ in their legal meaning from their ordinary meaning. (6) Whether conditions, exceptions to the main provision of the agreement and protection for consumers or restrictions of consumers’ right are given equal prominence with the main provision Your contracts seem to fit the above? Then get new contracts today at www.alarmcontracts.com ***************************** To order up to dateStandard Form 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. *********************** 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
