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TENNESSEE COLLECTION ISSUE / CHANGING BUSINESS FROM LLC TO OWN NAME

Ken
    I am in Tennessee.  I have a unique situation, I thought you could give some guidance. I have a customer who, although has the means, stopped paying his monitoring within the first year of his three year agreement. His defense is my company did not exist under its heading on the contract when he signed it. You see, my company was an "LLC" but then converted to a sole proprietorship. I continued using the contracts that titled my company as an LLC. He did sign the contract after the conversion. Is that a legal means to have it thrown out of court? He also states that the system never worked but I have three alarm reports proving that to be false.  
anon
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RESPONSE
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    An unlicensed contractor can't collect on the contract.  When you changed from LLC to your own name did you also change the license that the LLC presumably had?  If the license and the contract are still in the LLC then why not consider that the actual owner of the account.  May not be worth pursuing this one, especially if you're not licensed now properly.
    You can read the Tennessee law here: https://www.kirschenbaumesq.com/article/62-6-103-license-requirement-recovery-of-expenses-by-unlicensed-contractor-effective-until-January-1-2014-see-the-version-effective-on-January-1-2014
    If the contract reads LLC and it was signed after you started doing business in your own name.  I'm not sure who if anyone held the license, you or the LLC.  The LLC had to be licensed when the contract was signed and you had to be licensed when it was assigned to you and when you sue on it - though my recommendation is that you not sue on this one.
    If you are licensed then all you need do is assign the LLC contract to yourself since you now do business in your own name or assumed name.  I can't let this opportunity to pass without comment.  There is absolutely no good reason for abandoning the LLC or other corporate entity to conduct business in your own name.  You should take steps to correct that today.  Our corporate attorneys can assist.  Contact Jesse Kirschenbaum,Esq at 516 747 6700 x 317 or Jesse@KirschenbaumEsq.com
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PERS ISSUES
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Ken
    I heard that the families of subscribers that pass away sue or try to sue the provider, central station and everyone else evolved. How do we protect ourselves?
    Do we need to carry special insurance?
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RESPONSE
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    This and more will be covered in the PERS Webinars - register below and be sure to sign in a few minutes early to assure your spot on the day of the webinar.
    Even though PERS is not usually included in the definition of alarm or security services, and not included in most [maybe all] alarm license laws, the liability risks are similar to the alarm issues and you need to have proper contractual protection if you want to engage in the PERS business.  When the PERS equipment or PERS monitoring services fail, or the subscriber suffers injury or death and the service is questionable, you can expect a lawsuit.  These lawsuits are the most challenging because they usually involve personal injury or death, pain and suffering; what is called non economic loss.  The facts are often egregious, injury often horrendous and judges [and juries] sympathetic to claimants.  
    The Standard Form Security agreements - the All in One - does not include PERS.  PERS is a separate contract and it comes in a single state or nationwide form.  Because PERS is usually self installed it's treated similar to DIY security sales and monitoring, but it has several differences that warrant a separate contract.  You can get the PERS single state or nationwide form at www.alarmcontracts.com
    You must carry insurance if you are in the PERS business, just like in the alarm business.  You may have a hard time getting insurance for a PERS operation and your best bet is checking with the insurance brokers listed on The Alarm Exchange in the Insurance broker category.
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                                           PERS: SERIES - WEBINARS 
                              WEBINARS - ALL WEBINARS ARE FREE 
HOSTED and moderated by KEN KIRSCHENBAUM, ESQ.,  KIRSCHENBAUM & KIRSCHENBAUM

WEBINARS:  PERS:  Personal Emergency Response Service  / Medical Alert:   how and why you need to consider getting into that business  Everything you need to know and do to get started with PERS or grow your PERS business to a nationwide operation.  Presented by a leading PERS manufacturer, a central station specializing in PERS monitoring, attorneys who will address licensing and contract issues and telemarketing issues.  Sign up for each webinar separately.  These webinars are FREE.  You need to register in advance to reserve your spot [attendance is limited] and sign in a few minutes before each presentation.
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Title:  How to Select a PERS Monitoring Center
Date and time:  July  20, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5252919376200633603
Presented by:  Mike Zydor, Managing Director of Affiliated Monitoring www.affiliated.com
Topic:  Selecting the right monitoring center for your PERS business is a key to growth
Q&A:  Send your questions in advance to Mike Zydor at sales@affiliated.com
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Title:  Licensing and Contracting for your nationwide PERS operation
Date and time:  July  27, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5380922320883276803
Presented by:  Licensing by Nicoletta Lakatos, Esq., licensing counsel at Kirschenbaum & Kirschenbaum; Nationwide PERS Agreement by Jesse Kirschenbaum,Esq., contract counsel at Kirschenbaum & Kirschenbaum.  Moderator: Ken Kirschenbaum
Topic:  Licensing for nationwide PERS.  Agreement needed for nationwide PERS
Q&A:  Send your questions in advance, for licensing to Nicoletta Lakatos at NLakatos@KirschenbaumEsq.com and for contract questions to Jesse Kirschenbaum at Jesse@KirschenbaumEsq.com
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Title:  Telemarketing nationwide 
Date and time:  August 3, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/3591740925073303811
Presented by:  Matthew Pitts, Director of Legal Compliance, Alliance Security, Rhode Island.
Topic:  state telemarketing licensing; Federal and State Do-Not-Call compliance and call scrubbing; current legislation including the Telephone Consumer Protection Act (TCPA) and the Telephone Sales Rule (TSR); vicarious liability and the use of sales affiliates; recent litigation trends. 
Q&A:  Send your questions in advance to mpitts@alliancesecurity.com