KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can you charge fee for declined credit card payment / Get paid by credit card or ACH with Biller Genie
April 13, 2020
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Don't miss today's webinar on Employment Issues during Covid-19.  All employers have employment questions re: termination, accommodation, vacation and sick time, change of duties, re-hiring during the PPP program.  Register now:  https://attendee.gotowebinar.com/register/7840822332954217742
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Free Webinars:  register today for the upcoming webinars:
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Webinar:  Monday April 13 at 12:30 ET:  Employment issues during COVID-19
Topic: Employee Management - Sick Leave, PTO generally, FMLA, Disability during COVID-19.  How to field Sick Leave, PTO generally, FMLA, Disability requests under the new FEDERAL LAW.   Can you terminate an employee now and how do you do it?  For state specific questions you must send your question in advance and we will try and address the issue; email Jennifer at Jennifer@Kirschenbaumesq.com to ensure we cover it during the webinar. 
When:  Monday, April 13, 2020 at 12:30PM-1:30PM EST
Presented by:  Jennifer Kirschenbaum, Esq., Kieran Bastible, Esq. and Jesse Kirschenbaum, Esq
Who should attend:  owners, HR, CFO, managers
Register Here:
https://attendee.gotowebinar.com/register/7840822332954217742
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Webinar:  Tuesday, April 14, 2020 at 12 noon ET:  Billing Software
Topic:  The best affordable designed software that does alarm industry recurring billing,  processes your ACH and CC and integrates with Quickbooks.  Sends invoices, sends overdue invoices, works with any cc processing company.   
When:  April 14, 2020  noon ET
Presented by:  Tom Aronica, CEO of Biller Genie
Who should attend:  bookkeepers, office managers, owners
Register Here:  https://attendee.gotowebinar.com/register/4240209824043066380
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Can you charge fee for declined credit card payment 
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Ken
          I don’t see any fee in the Standard Form Agreements that can be charged if a credit card is declined.  We seem to be wasting a lot of time processing a credit card that gets declined.  Then we have to chase the customer.  Can we add some fee for this?  I’ve heard of a bounced check charge, but not for declined credit card.
Anon
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Response
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          Good question; I agree that a charge for bounced check may be appropriate, especially if your bank is charging you.  Although that is not in the Standard Form Agreement, it can be added in the contract.  I asked Tom Aronica, president of Biller Genie and Skybank Financial.  Here is his response:
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Ken
          I’ve never heard of a charge for a declined credit card transaction in the credit card world.   
          With ACH, there is something called a “representment” fee which is similar to that of a bounced check fee.  Generally we see this because ACH transactions are not real time and fees are assessed at the top and passed through for NSFs [non-sufficient funds] and other rejects.  With credit cards, the declines are real time so foreseeably you can simply ask for a different form of payment or not deliver the product or render the services.  I suppose if the argument is “a failing transaction will cost me time to remediate and thus you should pay for that time”, and that is clearly documented in the contract, that you  could charge an “administrative” fee for this service, but it’s a stretch and I would bill it as a separate invoice from the normal transaction that was declined.
          The way we handle this in Biller Genie is to let the auto-pay transaction decline and then our system starts to automatically follow up on it until we collect payment, and if it ages beyond 30 days, we start to assess finance charges which accrue until the invoice is paid.
   Let me know if that helps, I hope everyone is safe!
With Gratitude,
Tom Aronica
taronica@billergenie.com
BillerGenie.com
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Get paid by credit card or ACH with Biller Genie
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Ken
          I want to share some feedback that I’ve been receiving from our alarm industry subscribers over the last few weeks.  Many clients that were on the fence have come to us recently because they are now realizing how Biller Genie can take over the busy work while they focus on the continuity of the business.  We can help any alarm dealer that is using QuickBooks or Xero to manage their RMR with sending their invoices in email or paper mail, handling all of the follow-up on overdue invoices, collecting payments online and closing the invoices once payment comes in - think of us like a virtual accounts receivable department that automatically manages the business processes between invoice creation and reconciliation. 
          We also just launched a new feature that allows subscribers to charge a processing fee for customers paying online with a credit card or direct those customers instead to pay by ACH which is only 50 cents a transaction, and it’s a big help to offset some of the fees charged by credit card processors.  As a reminder, we can connect almost any merchant provider to Biller Genie so subscribers don’t need to make any changes to their merchant account, and we also just launched an integration with QuickBooks Payments so QuickBooks users can also continue using their existing merchant account too.
       We are happy to setup a demo of any of the features or anyone can setup a free trial account online in just a matter of minutes to take a tour for themselves. 
     The Biller Genie link and the setup a free trial can go here: https://hubs.ly/H0f8Mxd0
    The setup a demo link can go here: https://hubs.ly/H0fG13H0
Tom Aronica, CEO / Biller Genie
305 615 2125
taronica@billergenie.com
www.billergenie.com
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Response
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          Automated billing and processing the payments through credit cards or ACH is no longer something to think about, you need to do it.  Biller Genie services many alarm companies and you should check them out.  They have been on The Alarm Exchange for long time in the Financial Category.
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Reaching K&K during the lockdown
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     During this crisis the most efficient way to reach our attorneys is via email.  You can also call and if not picked up, leave a message and your call will be returned promptly.
    Here are a few departments to contact directly:
alarm / security / pers / fire department:  Ken - Ken@Kirschenbaumesq.com or call and leave a message with return number at 516 747 6700 x 301
health care professionals:  Jennifer Kirschenbaum,Esq 516 747 6700 x 302; jennifer@kirschenbaumesq.com
alarm licensing:  Alison Gallub,Esq 516 747 6700 x 317  AGallup@Kirschenbaumesq.com; or Eileen Wagda, Licensing Administrator, 516 747 6700 x 312  EWagda@Kirschenbaumesq.com
Employment issues:  Kieran Bastible 516 747 6700 x 315  kbastible@kirschenbaumesq.com; or Jennifer Kirschenbaum,Esq
Concierge Alarm Clients have full access through our Concierge Program Coordinator, Stacy Spector, Esq  516 747 6700 x 304 or SSpector@Kirschenbaumesq.com 
Collections:  [courts are shut down at this time, so don't expect much progress.  We will however continue to prepare papers on our end so that we will be ready when the courts normalize]  Kathleen Lampert  516 747 6700 x 319  KLampert@Kirschenbaumesq.com
Pending litigation:  Caroline Wallet,Esq  CWallett@Kirschenbaumesq.com  516 747 6700 x 305 and Maureen Biel,Esq 516 747 6700 x 303  MBeil@Kirschenbaumesq,com
Bankruptcy and debt collection issues:  Steve Sheinwald,Esq  516 747 6700 x 309 SSheinwald@Kirschenbaumesq.com or Scott Dillon,Esq  516 747 6700 x 318

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To order up to date Standard Form Alarm /  Security / Fire and related Agreements, click 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