KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on assigning credit card authorization with the contract
November 28,  2019
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Comment on assigning credit card authorization with the contract from November 16, 2019
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Ken
            Re:  Credit card usage and Red Flag rules
            As usual you are right on target, as is Tom Aronica.  The acceptance of consumer credit cards is an introduction to numerous federal regulations that require compliance.  The regulations relative to PCI compliance (credit cards), in addition to the Graham Leach Billey Act, and the Federal trade Commission Red Flag rules is the first line of regulation to be complied with.  Now, beginning with the new California Privacy act (and other state regulations)  we have another tier of regulations to adhere to.  These regulations attempt to help businesses to protect their customers from a cybersecurity breach.  How does a security alarm company and/or central station meet these and future requirements?  InfoSafe and SFA will provide the assessment, preparation of Red Flag manuals and other cyber mitigation, including active White Hat penetration studies, over the course of each year of participation. 
 
            Each year that a client subscribes to the service, they will receive an “InfoSafe Certificate” for use on their web site, marketing materials, and other corporate communications.  This certificate tells the company’s customers, vendors , and governmental entities that they a meet a base-line of compliance with all of the aforementioned regulations (including many more).  Failure to demonstrate intent to comply may subject a company to punitive damages in addition to the very substantial, after-the-fact mitigation expenses. 
 
            It is important to also have a Cyber Insurance endorsement to your G&L policy, but check to see if it will also cover punitive damages.  This is an SaaS RMR generator for central stations and we will soon offer a similar program to alarm dealers and their customers.  This broad compliance requirement is mandatory for almost every alarm company and central station.  For further information, contact Tony Smith at (626) 795-9199 or tsmith@securityfundingsolutions.com.
            Once again, Ken, thank you for this valuable service.
Tony
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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