KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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can you require auto pay and collections / schedule meeting at ISC
February 20, 2026
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schedule meeting at ISC 
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    It's time to plan your trip to Las Vegas for the ISC West 2026 show; spend your time wisely and meet with your attorney.  I'll be at the Palazzo scheduling meetings at the Prestige Lounge.  To book time for free consult contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com.  Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.  
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can you require auto pay
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Ken,
    I'm reaching out in regard to customers who have central station monitoring. These invoices are billed out quarterly and when six months is reached for nonpayment, they're sent a cancellation notice.
    Is it legal to require those customers who call in to pay their balance to fill out an authorization form for autopay moving forward?
   Thank you
Kristen
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Response
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    You can require auto pay as a condition of providing your services.  Of course there are conditions, primarily disclosure and notice of renewal terms.  
    Different states may have different rules so it's a good idea to check.      I think you should re-examine your billing and collection practices.  You are billing in advance, presumably, and you are allowing 6 months to pass before instituting cancelation procedures.  Better practice would be to send a reminder notice after 30 days, or prior to 30 days, and notice of pending cancelation after 60 days.  The 60 day notice can be warning that services will be canceled if payment is not received within 10 days.  At some point, and I think 90 days is too long, you send the termination notice.  That cancels the contract and there is no reinstatement without a new contract or an agreement reviving the old agreement.  You can condition auto pay as a condition of reinstatement.  The termination notice should specify the date and time of termination of service.  For fire alarm monitoring send the Fire Marshal the notice of termination. Most importantly, be sure to terminate the services at the time you designated; do not continue service because you no longer have a contract.  
    Those of you using K&K contracts can rely on K&K's litigation and collection department to pursue delinquent accounts or defend claims if necessary.  The sooner you refer the collection matter the more likely success on the collection claim will be.  If your internal collection efforts manage to "beat the horse to death" don't expect us to be able to revive that subscriber for reinstatement, and if your internal efforts have sufficiently alienated the non-paying deadbeat customer don't expect that customer to willingly settle or pay the claim.  Stick with selling and providing your services and leave the collection legal stuff to K&K.
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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