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 military serviceman cancel home security contract June 28, 2023 ************************** Can military serviceman cancel home security contract ************************** Ken You all have always helped us in the past and we thank you as always. We wanted to get your opinion on the following or to know if you are aware of this change. We have always been able to hold military personnel to their contracts because security systems did not fall under the act. We just had major pushback from a customer that is being moved to Hawaii. It looks like the law changed in January of this year. Thank you, Heather ************************** Response ************************** Federal Law was recently changed, and it’s retroactive, allowing military serviceman ordered to move for more than 90 days to cancel their residential security alarm contract. Note that some state laws may already have provisions that permit military to cancel consumer contracts. Excerpts of the law: “136 STAT. 6136 PUBLIC LAW 117–333—JAN. 5, 2023 SEC. 17. TERMINATION OF CERTAIN CONSUMER CONTRACTS BY SERVICEMEMBERS AND DEPENDENTS WHO ENTER INTO CONTRACTS AFTER RECEIVING MILITARY ORDERS FOR PERMANENT CHANGE OF STATION BUT THEN RECEIVE STOP MOVEMENT ORDERS DUE TO AN EMERGENCY SITUATION.”
‘‘(b) COVERED CONTRACTS.—A contract described in this subsection is a contract— ‘‘(1) for— ‘‘(A) commercial mobile service; ‘‘(B) telephone exchange service; ‘‘(C) internet access service; ‘‘(D) multichannel video programming service; ‘‘(E) a gym membership or fitness program; or ‘‘(F) home security services; and ‘‘(2) entered into by a servicemember before receiving the military orders referred to in subsection (a)(1).’’; and (4) in subsection (g)—“ There is an article by Amanda Miller in Military.com that explains the law and here are a few excerpts from her article: “A March 2023 change to the Servicemembers' Civil Relief Act makes it easier for military members and their dependents to cancel home security contracts when they move on permanent change of station (PCS) orders or deploy. The SCRA is a U.S. federal law that provides a variety of protections to service members and their dependents. It is designed to reduce unnecessary financial and legal burdens that could exist due to military service. It gets changed from time to time, and additional protections are added. To be eligible to use this new protection, the service member must have orders to deploy for more than 90 days or execute a PCS move. The orders must have been issued after the contract was written and signed. This applies to full-time National Guard and reserve members, and those activated under Title 10. The protection applies to contracts with a military spouse or other dependent who accompanies the service member on the PCS move. There are also protections if the service member is injured or killed. Note that there is a clause that says that the order must be "to a location that does not support the contract." Will some providers try to make this difficult? I can't say, but it will be interesting to find out. How to Cancel Your Contract In order to cancel a contract with a home security provider, you must provide written notification of your intent to cancel. It can be done physically, like a letter, or electronically. You must attach a copy of the orders and state the date you want the service terminated. You might have to do some digging to find the right snail mail or email address for sending the termination. The service provider cannot charge you an early termination fee, but you are responsible for the bill up to the date of termination. This small change will make life easier and less expensive for the many military families who PCS each year and the service members who deploy and no longer need home security services. Added to the other protections of SCRA, this gets even closer to leveling the playing field for our military families who incur extra costs with every deployment and PCS move.” This from article by Amanda.Miller@military.com ************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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
