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 ****************************** Comment on termination notice to customers / Schedule your ISC free meeting March 19, 2022 ***************************** ISC meetings ***************************** Private and free consults are still available at ISC. To schedule a free half hour meeting please make arrangements with Stacy Spector,Esq at 516 987 8428 or SSpector@Kirschenbaumesq.com ******************** Comment on termination notice to customers from February 23, 2022 article ********************* Ken, Re: Reading Michele Sasso’s question about providing a notice to a deadbeat customer before disconnecting them. Your advice about complying with the Monitoring Agreement (K&K contracts very wisely address this others don’t) was great. She, like most of us, has lost faith in Certified Mail, plus it is very expensive. Return receipts can fail to make their way back and, the Post Office is charging over $3 for them. One alternative, again, if the Agreement allows, is to get a Certificate of Mailing from the Post Office when the letter is mailed. The “Certificate” costs $1.65 and you can mail them in groups (minimum 3) for 47 cents each. A Certificate of Mailing doesn’t show that the item was received, just that it was mailed. We helped a client to send out notices about 3G radios that needed replacement. Mitch Reitman Reitman Consulting Group Fort Worth, TX 817-698-9999 http://www.reitman.us ******************** Response ******************* Certified mail is a pet peeve of mine; I almost never agree to that form of notice in a contract. That notice should be used only when a statute requires it, which sadly some still do. What’s more reliable? How about a confirmed receipt on your email? Even regular mail – there is a legal presumption that the mail was delivered. I doubt that you can argue that if you’ve sent it certified RRR and you don’t have the receipt. I don’t know about you but you can paper a wall with those pink and green papers that accumulate all over my office, no matter how often I yell at my staff. Once your letter [or agreement] says it has to go out by certified mail RRR you better be able to produce the green receipt, matched by the pink slip, or I think the presumption of delivery is going out the window. And, if your agreement does not call for certified mail then you can’t send that way because your notice won’t comply with the agreement. Use Standard Form Agreements. You won’t find certified mail. ***************** To order up to date Standard 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. *********************** 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