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 whitelist ken@kirschenbaumesq.com ****************************** Can ACH form permit increased charges and payment May 24, 2025 *************************** Can ACH form permit increased charges and payment *************************** Ken, Does the ACH and CC authorization form address price increases for RMR, whether it is due to upgrade of their monitoring plan or general price increase that we may do over the years? If it does where is it written? Example: customer started off with a $49.99 monthly; 2 months later they wanted to up their video quota and we added $2.00 to their monthly; next year we did a price increase and went from $51.99 to $53.99 etc. Does the credit card company need to see the exact amount on the authorization form or can they still see $49.99 on the original authorization form and be ok with that (they may not be ok with that)? If you post, please keep name withheld. *********************** Response *********************** I had to check the ACH Consent form we provide with our Standard Form Agreements when they are purchased. We do not provide the form separately. The K&K ACH form was recently updated and does NOT permit increased payment; that would require a new authorization. I suspect that a K&K attorney researched the issue and determined we could not draft an ach that permitted you the right to increase the authorization. The Standard Form Agreements, particularly the All in One agreements, permit annual increases of up to 9%. If you change it from optional to annual increases of a fixed percentage your processing company may permit it. Best course of action is to ask your processing company. If you can't get answer then get new ach signed when you want to increase. ************************* STANDARD FORM AGREEMENTS: 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
