KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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IN 2024 convention / CS offering to cancel signals within 30 seconds
January 29, 2024
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AIN 2024 convention
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          AIN buying group [https://aingroup.com/] just had a record number of dealers and vendors attend its 2024 Live and Learn annual convention.  Heavy emphasis on interactive surveillance and expanding into outdoor living space construction such as outdoor kitchens.  This is probably the best run convention in the alarm/security industry [Integrators].  There is no charge to dealers to join the AIN Group.  You should check it out at https://aingroup.com/contact/
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CS offering to cancel signals within 30 seconds
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Ken,
          We are using your contracts, and we have a specific question about allowing the central station to handle cancel signals.
          Our cs is offering to cancel burg signals if they receive a cancel signal within 30 seconds of the alarm. This makes me a bit nervous as this could open up liability.
          What are your thoughts and anything specific in your contract protect for this event if cs is negligent in dispatching?
 Eric
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Response
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          CS decides it’s implementing a cancel alarm policy if it receives a cancel signal within 30 seconds.  What can or should a dealer do?
          A cs has the right to decide how it will handle signals, presumably within code, NRTL guidelines and industry standard [which can change over time].  It’s essential that the cs make sure the dealer knows who the signals will be handled, and in turn that the dealer makes sure the end user knows as well.  This is how you manage expectations and deter unexpected handling of signals, and lawsuits. 
          What strikes me as strange is how can the cs sit on a signal for 30 seconds waiting for a cancel signal or notice.  That’s a long time when an emergency situation exists.  Calling police to call off the dispatch is another matter.  That won’t of course work with fire dispatch because the fire department will not reverse course once it acts on a dispatch. 
          A dealer should be concerned about this issue because it’s the dealer who is ultimately responsible for customer lawsuits and losses, and it doesn’t matter if it’s the dealer or cs who is at fault.  Why?  Every dealer agrees to indemnify the cs, even for the cs negligence. 
          A dealer’s option is to seek another cs if the dealer isn’t satisfied with how signals will be handled.  Sure, have a chat with the cs first, and if you don’t get satisfaction be sure to reach high enough up the corporate ladder until you talk to the owner; that’s where the buck stops.
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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