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Comment on company using confidential information from May 10 2014 article
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Ken
 In response to Anon's complaint about Company A using privileged information to compete with the company that entrusted that information to them, we had a similar situation a few years ago.  Our attorney said we had every right to sue for tortious interference, but that it wouldn't be worth it as it would cost us more than we would get out of it even if we prevailed.
Lee Hearn
Allegiant Security, Inc
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license violators and police
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Ken;
     I read the blog [May 10 2014 article]  where it was suggested that you call the police if you see a non-licensed company doing an alarm installation.  There are many aspects of the law that are not enforced by the police.  From a legal standpoint, the unlicensed installer is not trying to defraud the customer, he has just not complied with state regulations.  As you know, there is usually more than one factor for a person to be "guilty" of a violation.  For example, if a homeless person breaks into a building to get out of a storm and gets caught, he will ultimately be charged with one of the trespassing statutes, rather than burglary.  In New Jersey, the burglary statute reads that the person or persons enter a premise with the intent to commit a theft.  If you are cold and homeless and only looking to get away from bad weather, you aren't going into a building to steal, but to stay dry.  
     There are many aspects of the codes are clearly violations if not done properly, but they are never enforced by the police.  What may be a better way to catch an unlicensed installer may be to approach him (not wearing anything that would identify you as being in the business) and say something like "Hey I live down the street and am interested in getting a security system.  Do you have a card or can I have your name and number?  I'll call you."  Then just take the information and in NJ anyway, turn that information over to the Div. of Community Affairs.  They have all the teeth to enforce appropriate statutes.
John from NJ
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Ken
    RE:  John Romero's problem losing work to unlicensed "contractors"
If you have run into UNLICENSED CONTRACTORS doing work in NYS in violation of the law, did you send a letter to Department of State and enumerate the violation, identify the violator and sign the letter?
Did you present your complaint tot he common council or the citizens of the community?
    If you present the problem then you eliminate the reply WE DIDNT KNOW.... and you as a taxpayer can ask WHY.......  If you are still stonewalled you can ask your local newspaper why......
    From my pile of papers on the desk,
Joel Kent
FBN
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licensing
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Ken
 As a heads-up to your newsletter subscribers:  I was recently made aware of a multi-level marketing company (similar to Amway/Market America) called ACN, which is offering alarm services through its members.  I’m not sure if they could be skirting the licensing requirements by treating it as a “referral” rather than a sale?  I do know that there are a few realtors in our area who are members of this organization and are receiving compensation for recommending/selling the service.  https://www.myacn.com/security/index.html
anon
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Do you need alarm license in Arkansas to sell PERS
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Ken 
 After many attempts to reach someone for more info over the past couple of months, I spoke with Amy Hancock at the Arkansas State Police about licensing requirements, and she said we did NOT need a license to sell PERS monitoring systems in Arkansas. She said they were required if we are  doing any kind of property monitoring security. I asked if there was another licensing division for medical emergency signaling and she said no. This seems in conflict with what I've heard from both call centers and equipment vendors, but perhaps I'm misunderstanding the requirement. Do you agree with what she told me - that a Life Alert monitoring system does not require a license?  What if it is a medical monitoring system, but the person experiences a break-in so pushes the button for help because they are scared - does it become a different system if they use it for that?
Thanks,
Meghan Ward, Marketing Coordinator 
NATCO Communications
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Response
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 Most states do not include PERS in the definition of alarm systems requiring an alarm license and few states separately license PERS.   However, if your PERS unit includes smoke detection or intrusion, which you monitor, you most likely will come within the license definition.
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Question - updating contract
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Ken 
 We have quick question on filling out your All in One Residential contract. If we having a client re-sign a contract is it necessary or important to have the total equipment price filled in....some of the systems were paid for many years back. 
Thx G
Oregon
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Answer
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 If the system is already installed, as in your case, you won't be using the sales and installation part of the All in One.  You can simply write on the contract, "system existing" or "owner owned system installed" or something similar.  You will be using the other parts of the All in One designed to capture the RMR for separate services, such as monitoring, inspection, service.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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Speaking Engagements

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Metropolitan Burglar and Fire Alarm Assoc of New York.  May 15, 2014 4:30 to 6:30 PM at Marriot Hotel, Uniondale, NY.  Comprehensive analysis and comparison of the Standard Form All in One contracts.  All alarm dealers welcome.  No charge for attendance. Dinner and MBFAA meeting will follow the seminar.  For more info and to RSVP contact Alan Glasser, Executive Director of MBFAA at 718-894-6712 or mbfaa.ny@gmail.com

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Northeast Security & Systems Contractors Expo  Thursday, May 22, 2014 10 am to 5 PM at  Royal Plaza Trade Center,  Marlborough, MA.  registration  https://www.expotracshows.com/neacc/2014/  Presentation on Alarm Law issues and Q&A will be at 2 PM.  For more info contact Gary Spaulding, NEACC President

207-384-2420 gary@spauldingsecurity.com
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Quick Response Dealer and Integrator Information and Technical Conference.   July 15 -16,  2014 at  Holiday Inn - Independence Ohio.  All alarm dealers are invited.   For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org/
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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Electronic Security Summit for 2014.  October 22-24, 2014  at the landmark Broadmoor Hotel. Colorado Springs, CO.  For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC.,  (786) 999-9738    alex.quirin@aspsummits.com    www.aspsummits.com

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