KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Contract sale ends today / suing on old contract / holding license for cs / 3-day notice / passwords and no signed contract
January 10, 2018
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagdaat 516 747 6700 x 312. Update orders are processed after discounted or full price orders.
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Contract sale ends today / suing on old contract / holding license for cs / 3-day notice / passwords and no signed contract
January 10, 2018
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2018 contract updates - SALE ENDS TODAY- 3 pm est - Orders filled as they come in. To expedite your order call Contract Administrator Eileen Wagda at 516 747 6700 x 312. No exceptions please.
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suing on old contract
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Ken,
Is there a time limit on a default on a contract? I have a account that signed a 5 year agreement back in 2009 and defaulted in 2012 with two years left on our agreement. Five years have passed since and I would like to collect the balance, is it too late?
George
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Response
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Technically you have 6 years to sue on a contract from date of breach [that's NY, time may be different elsewhere]. But this is a lost cause. Chances of recovery are slim. If there was more at stake maybe, but for few hundred dollars, not worth it.
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holding license for cs
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Ken,
Why do central stations need to be licensed in every state they have accounts?
Unless I'm missing something ....( like ..... that all the state laws regarding central station say specifically that central stations cannot hold another company's license). What I mean is ..... If an installation company can use the license of a company in another state then why can't a central station in a given state use the license of a monitoring company in another state? Administration would be a lot easier than having to maintain licensing in all 50 states.
Or ... maybe central stations could use another's license but don't choose to do so(?)
I'm mentioning this because it is a common complaint by central station owners that maintaining licensing in every state that they monitor accounts in is daunting.
Gene
Reliable
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Response
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Central stations need to be licensed in about 20 states and a few cities or municipalities because in those jurisdictions the alarm license law includes monitoring. Other states do not include monitoring and the cs need not be licensed there.
A central station can use a "license holder", and in fact must use a "license holder" because every company must have a "person" hold the license. Why not pool their resources and share the license holders? Well, for one thing they are all competitors [or predators]. They are more comfortable having the owner of the cs or a trusted employee in the position of holding the license. Unlike an alarm company licensed in one jurisdiction, it could be painful for a cs to have to get a new license holder in all the required jurisdictions. Except in those jurisdictions where a license holder can qualify for only one company, a cs could have one of its dealers hold its license in that state.
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3-day notice
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Ken
I have a question regarding NYS cooling off period. Most of our contracts are now emailed electronically for signature, using Adobe eSign.
We will visit a house to review the client's needs but the actual proposal is later emailed to them for review and signature. So technically, the actual sale does not occur in the home. Is the 3-day cancellation still necessary?
Just wondering.
Paul
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Response
*****************
I have suggested that if you visit the premises you should comply with the 3-day notice. It may not be necessary if you leave the contract and ask that it be mailed or returned by email. However, a potential buyer of the accounts [and you need to keep your eye on the end of that tunnel] may insist on compliance. If you do electronic signature you need to use the Disclosure and Consent to Electronic Communication so that you can deliver the required consumer forms electronically.
*****************
passwords and no signed contract
*****************
Ken
Regarding the subscriber who didn’t want to have to remember another password….simple solution: make the passcode the same as the four digit user code they use to cut the system off. Problem solved without increase liability/risk or inconvenience to subscriber.
As far as customers refusing to sign contract, we simply refuse to provide service. I have lost three accounts due to this policy but when you consider the amount of money I would have to spend on Xanax and Valium to be able to sleep at night I still come out way ahead. It’s a no-brainer….get the contract signed. Period.
Thanks so much for this forum!!
Tena Edwards
A.I.D. Security, Inc.
****************
notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
*******************
Contract sale runs through January 10, 2018, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*. This will definitely be the best deal of 2018. Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months. Updates will be prepared and sent out after the new orders are processed. The sale ends January 10, 2018, so please be patient.
2018 contract updates - SALE ENDS TODAY- 3 pm est - Orders filled as they come in. To expedite your order call Contract Administrator Eileen Wagda at 516 747 6700 x 312. No exceptions please.
*****************
suing on old contract
*****************
Ken,
Is there a time limit on a default on a contract? I have a account that signed a 5 year agreement back in 2009 and defaulted in 2012 with two years left on our agreement. Five years have passed since and I would like to collect the balance, is it too late?
George
***************
Response
****************
Technically you have 6 years to sue on a contract from date of breach [that's NY, time may be different elsewhere]. But this is a lost cause. Chances of recovery are slim. If there was more at stake maybe, but for few hundred dollars, not worth it.
*****************
holding license for cs
****************
Ken,
Why do central stations need to be licensed in every state they have accounts?
Unless I'm missing something ....( like ..... that all the state laws regarding central station say specifically that central stations cannot hold another company's license). What I mean is ..... If an installation company can use the license of a company in another state then why can't a central station in a given state use the license of a monitoring company in another state? Administration would be a lot easier than having to maintain licensing in all 50 states.
Or ... maybe central stations could use another's license but don't choose to do so(?)
I'm mentioning this because it is a common complaint by central station owners that maintaining licensing in every state that they monitor accounts in is daunting.
Gene
Reliable
*****************
Response
******************
Central stations need to be licensed in about 20 states and a few cities or municipalities because in those jurisdictions the alarm license law includes monitoring. Other states do not include monitoring and the cs need not be licensed there.
A central station can use a "license holder", and in fact must use a "license holder" because every company must have a "person" hold the license. Why not pool their resources and share the license holders? Well, for one thing they are all competitors [or predators]. They are more comfortable having the owner of the cs or a trusted employee in the position of holding the license. Unlike an alarm company licensed in one jurisdiction, it could be painful for a cs to have to get a new license holder in all the required jurisdictions. Except in those jurisdictions where a license holder can qualify for only one company, a cs could have one of its dealers hold its license in that state.
********************
3-day notice
*****************
Ken
I have a question regarding NYS cooling off period. Most of our contracts are now emailed electronically for signature, using Adobe eSign.
We will visit a house to review the client's needs but the actual proposal is later emailed to them for review and signature. So technically, the actual sale does not occur in the home. Is the 3-day cancellation still necessary?
Just wondering.
Paul
*****************
Response
*****************
I have suggested that if you visit the premises you should comply with the 3-day notice. It may not be necessary if you leave the contract and ask that it be mailed or returned by email. However, a potential buyer of the accounts [and you need to keep your eye on the end of that tunnel] may insist on compliance. If you do electronic signature you need to use the Disclosure and Consent to Electronic Communication so that you can deliver the required consumer forms electronically.
*****************
passwords and no signed contract
*****************
Ken
Regarding the subscriber who didn’t want to have to remember another password….simple solution: make the passcode the same as the four digit user code they use to cut the system off. Problem solved without increase liability/risk or inconvenience to subscriber.
As far as customers refusing to sign contract, we simply refuse to provide service. I have lost three accounts due to this policy but when you consider the amount of money I would have to spend on Xanax and Valium to be able to sleep at night I still come out way ahead. It’s a no-brainer….get the contract signed. Period.
Thanks so much for this forum!!
Tena Edwards
A.I.D. Security, Inc.
****************
notice of contract sale - order at www.alarmcontracts.com [you don't need a lawyer to figure this out - order during the sale and save thousands of dollars - call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance]
*******************
Contract sale runs through January 10, 2018, ending at 3 PM, EST. The discount will be accepted on all orders received between now and January 10, 2018 by 3 PM*. This will definitely be the best deal of 2018. Changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating. We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months. Updates will be prepared and sent out after the new orders are processed. The sale ends January 10, 2018, so please be patient.
Here's the deal:
Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider. Save up to $450.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $500
The Fire All in One with Security Rider $1250.00. Save $400.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $800.00
Qualifier Agreement $1200.00 Save $300.00
Nationwide DIY with monitoring. $3500.00 Save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST. Orders must contain valid credit card payment. Fill out the order form, add up your charges (we will check the arithmetic). Orders arriving after sale ends will be returned or with your approval charged regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process. The order form will show the full price. We will apply the discount manually before processing the order.
Buy 1 Residential, Commercial or Fire All in One and get $100 off and $25 off Disclaimer Notice
Buy 2 All in One forms and get $100 off first and $200 off second and $50 off Disclaimer Notice and $100 off alarm.com rider. Save up to $450.
Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form. Save up to $1150.00 [Residential, Commercial, Fire, Home Automation]
Commercial Mobile Surveillance Lease $1000. Save $500
The Fire All in One with Security Rider $1250.00. Save $400.00 Add the Commercial Fire All in One and the Commercial All in One and get $200 off each. Save $800.00
Qualifier Agreement $1200.00 Save $300.00
Nationwide DIY with monitoring. $3500.00 Save $1000.00**
Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 10, 2018 by 3 PM EST. Orders must contain valid credit card payment. Fill out the order form, add up your charges (we will check the arithmetic). Orders arriving after sale ends will be returned or with your approval charged regular published rates. Orders will be processed in order received. Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process. The order form will show the full price. We will apply the discount manually before processing the order.
** Does not include consultation or modification
What's our Guarantee policy re updates?
Free updates within 6 months of purchase*
Half price within 6 months to 1 year*
* applies to original purchase only
To check if you need or are entitled to an update contact our Contract Administrator Eileen Wagdaat 516 747 6700 x 312. Update orders are processed after discounted or full price orders.
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This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;
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 posting, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here.
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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
516 747 6700
www.KirschenbaumEsq.com