Can your customer cancel for slow or no police response / audio / credit card surcharge / Webinar Registration September 16, 2023

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can your customer cancel for slow or no police response / audio / credit card surcharge / Webinar Registration
September 16, 2023

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Can your customer cancel for slow or no police response

Ken
          Lots of noise all across North America about very slow or no police site-response to traditional, non-verified, alarm signals due to overloaded 911 system and 95% false alarms.
          Question for the Newsletter:  can customers cancel traditional K&K contracts, without penalty, when the core reason for the contract is reliable site-response to unknown alarm signals?
Thanks,
Lee Jones
Support Services Group

Response

          Good question.  The legal argument for this would be “frustration of purpose”; that the entire purpose of the alarm and alarm monitoring is to send police and if they aren’t going to come or come timely, why keep paying for the alarm services?
          It’s not a bad argument, but it won’t be enough to get your customer out of a K&K Standard Form Agreement.
          First of all, the Standard Form Agreements have specific provisions that state that the alarm company is not responsible for slow or no police response, so a customer would be hard pressed to argue that timely police response is a material provision assumed in the contract.
          Second, police response is only one component of the alarm agreement and alarm services.  It can be argued that the most important feature of the alarm is its visibility; why burglarize this house when the next one doesn’t appear to have an alarm.  Also, even an alarm that isn’t monitored can provide a local alert scaring off an intruder or waking a sleeping family if there is smoke or other environmental conditions.

Audio

Ken
          Re: Audio recording in CA and elsewhere August 21, 2023
          Your phone and many of those smart devices you use listen to you and everyone around you to be ready when you say "hey google, alexa, siri, cortana" or whatever the call sign is.
Dusan

Response

          I’m not clear on how they get away with audio interception without consent of all.  Too scary to think about.  I’ve had conversation in my office about products and then got a few emails advertising those products.  I ordered the alexa in my office to stop listening.

Credit Card Surcharge

          I have a question regarding customers who wish to pay with credit cards.
          We have customers for whom we perform services and, after waiting a period of time, they will call looking to pay with a credit card. Would we be able to assess a “convenience fee” to recoup our costs for credit card processing? (Some of these invoices are for several thousands of dollars, so the credit card fees can certainly accumulate.) I do not believe that such a reimbursement is addressed in the form agreements.
Many thanks,
Joe
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Response
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          NJ just enacted a law permitting a convenience fee for credit cards with certain conditions.  The merchant must make the convenience fee conspicuous to the consumer when approving the transaction [ie at time paying the bill] and the convenience fee can only be as much as the merchant is actually being charged by the processing company, no profit.
          The rule for your state needs to be checked because they can be different.  NY for example does not permit a convenience fee but does allow merchants to offer cash discounts.  Of course NY would come up with that plan so that merchants can get cash and avoid taxes.  Good thing NY doesn’t need the tax revenue.

WEBINARS SCHEDULE and REGISTRATION: SOFTWARE  //  CENTRAL STATIONS

SOFTWARE WEBINARS:
         With all the discussion, and dissatisfaction, about management software our first webinar series is by software providers offering comprehensive software programs for the alarm industry.

Title:  Fieldhub: All In One Operations and Accounting Software For Security and Fire Integrators
When:  October 3, 2023 noon ET
Why attend:  FieldHub is a comprehensive software program that integrates proposals, planning, warehouse inventory management, scheduling, field technician mobile applications, invoicing, accounting, tracking systems and devices, creation and linkage of a central station account, and much more
Who should attend: managers and owners
Presented by: Miles Fawcett, Founder and CEO of FieldHub Inc. 202.417.8196; miles@fieldhub.com     www.fieldhub.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here:  https://attendee.gotowebinar.com/register/2290942861013931612
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Title:  Innovative Business Software:  operating software for central stations
When:  October 5, 2023 noon ET
Why attend:  Innovative Business Software is central station solution to smooth operation and integration
Who should attend: managers and owners
Presented by: Jen Kolind, President and CEO of Innovative Business Software Inc. 469 556 2822; jens.kolind@innovative247.com   www.innovative247.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here: https://attendee.gotowebinar.com/register/2817426411948243036
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Title: WorkHorseSCS
When: October 11, 2023 noon ET
Why attend: Alarm business operating software solution for Sales, Field Service, Customer Service, RMR (Recurring Monthly Revenue), Electronic contracts and Digital Signatures, all conveniently housed in one unified platform. Streamlines your alarm company's processes with Single Point of Data Entry solution. Integrates with over 40 Central Stations, along with leading platforms like Alarm.com, Alula, resideo, SecureCom, and SecureNet.
Who should attend: Managers and owners
Presented by: Steven Hayes, 941.229.8200 steven.hayes@workhorsescs.com www.WorkHorseSCS.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here: https://attendee.gotowebinar.com/register/3965237386615522648
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Central Stations series: Why You Should Be Monitored By Our CS
Hear from the leading central stations and “Why you should be monitored by” that central station. The topic of remote operator monitoring from outside the central station facility and the dynamics that issue presents is sure to come up. The question you need to be asking is why isn’t your central station participating and why are you still using your central station if it’s not participating?

October 17, 2023 noon ET, Emergency 24
Registration Link:  https://attendee.gotowebinar.com/register/5032873072502046552

October 18, 2023 noon ET, Statewide Monitoring Corp
Registration Link:  https://attendee.gotowebinar.com/register/3560536843132524128

October 19, 2023 noon ET, Legacy Security Services
Registration Link: https://attendee.gotowebinar.com/register/4084258420664728661

October 24, 2023 noon ET, National Monitoring Center
Registration Link: https://attendee.gotowebinar.com/register/106284724856601695

October 25, 2023 noon ET, Dynamark Monitoring
Registration Link: https://attendee.gotowebinar.com/register/5050152997423183449

October 26, 2023 noon ET,  COPS Monitoring   Registration Link: https://attendee.gotowebinar.com/register/1774793620122519136

October 31, 2023 noon ET, Rapid Response Monitoring Center
Registration Link: https://register.gotowebinar.com/register/2959829660260960857

STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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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