KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Credit card charges / webinar announcement  -Fire alarm Miami building collapse  
July 15, 2022
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Credit card charges
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Ken
          We have many customers on credit card/ach auto pay with monitoring and inspection RMR, but some have service invoices left unpaid for an extended time period. Could we add to our CC authorization or service agreement that any unpaid service bills will be processed on the credit card on file after X number of days?
          Also, can we add a surcharge for CC use?
Name withheld
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Response
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          Legally yes, to both issues, but you should check with your credit card processor because it may have rules that are more restrictive or additional to legal requirements.
          There is no reason the credit card authorization can’t permit charging all unpaid charges, and the contract should provide for that.  Some customers may prefer that all one time service or inspection charges be processed by a credit card on file and that would be permissible as long as the contract or whatever they signed for the service call permitted that payment option.  Contact our Contract Administrator Eileen Wagda to make sure your contract form has the appropriate authorization.
          The surcharge is another issue that pops up from time to time.  You can add the surcharge but you need to make sure you disclose the charge.  Whether it’s worth potentially antagonizing customers over the surcharge is another matter, one you have to resolve.  Interestingly enough if you consider the arithmetic it shouldn’t be that hard a sell.  A $30 RMR would add 90 cents.  The cost of mailing in a check [and yes I still use them] would be at least 75 cents for postage and envelop.  Think about the mileage.   
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Announcing webinar on the Miami building collapse case presented by the fire alarm expert who installed and serviced the fire alarm and evac system.  If you do fire alarms you don’t want to miss this webinar.  Register today.
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Webinar:  Champlain Towers South building collapse / alarm and security issues
When:  July 26, 2022  12PM  ET
Topic:  Hear from the fire alarm expert who serviced the fire alarm system and was intimately involved in the litigation involving Securitas Security.                 Some information that you should be aware of before the presentation:  Florida requires a voice evacuation system that provides speakers in every apartment so there can be floor by floor or building wide communication to evacuate.  This fire alarm system had that system and it was working.  Securitas provided security guards stationed at the building.  When the first fire alarm signal came into the security desk the guard did not determine the cause of the fire alarm or the zone, and did not utilize the evacuation system to alert residents.  Securitas has settled the Plaintiffs case paying over half of the almost one billion dollar settlement.  
Presented by:  Matt Haiman, Premier Alarm Systems – the fire alarm company for Champlain Towers South.  There will be ample opportunity for Q&A. 
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  Alarm owners installing and servicing fire alarm systems
Register:  https://attendee.gotowebinar.com/register/6851622525896222987
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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