KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on Caution taking over another company's subscriber / schedule meeting at ISC
February 18, 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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Caution taking over another company's subscriber from article on January 29, 2026
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Ken,
Regarding Ean B.'s remarks about taking over another company alarm system. I think differently. Here is how I handled it.
When I worked for ADT (Corporate), we had customers calling daily to switch over for whatever reason. Customers verbalized all kinds of complaints about their existing company (as if I could solve them), but I understood the desire to switch.
However, no matter how determined the customer is, to part with the existing company, they need to know that their contract may require them to pay off the remaining balance. To avoid that, they may choose to wait it out, and I lose a sale that day. Of course, an uncooperative customer can always call another alarm company who is stupid enough to interfere with an existing contract.
Other sales people I worked with learned the hard way that if they just go along with the switch over without checking contract status, (that) they would be getting an angry call after the customer tries to stop paying and cancel contract with other company.
The customer is angry because they just found out that they can either pay off the existing contract, or be sent to collection. Most customers don't know where the original contract is, but some do. Ask them to find it (ideally it ready at the appointment time). Next, have THEM determine if under 5 year, 3 year, or month to month contract. If not sure, have THEM call their company and ask. They may even provide a copy of contract. The customer needs to be brought up to speed what their existing obligations are. They don't remember what they signed. They never read it. they just trusted the last salesperson and signed. That contract must be respected.
Everyone signs a contract. Some auto renew lengthy terms, others may go month to month. They all have cancellation terms. So when a customer wants to switch, the new salesperson needs to be upfront and tell them the potential issues that could arise, especially if they are still under contract. Most customers will be grateful you told them upfront, rather than finding out later you withheld this vital information Ean B. made it sound like it doesn't matter, it's not our responsibility to ask. I beg to differ because I think differently. I treat customers like I want to be treated. I want and need to know what I'm getting myself into if I proceed.
One more thing I'd like to add. Consider this at all times: If you want YOUR contracts respected, you must respect OTHERs' contracts. No matter how much trash you've heard about the other company, and really want to take over the alarm, don't make the matter worse for the new customer. Contract status is a must before proceeding.
Cynthia Branen - Oregon
Retired Security Consultant
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Response
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You have no obligation to counsel the subscriber on the consequences of breaching an existing alarm contract, especially if you are not taking over part or all of a system. It's not your responsibility if the customer decides to sign up multiple alarm companies for the same services. If you take over a system you do need to be sure the customer owns the equipment, and this is particularly the case if the equipment has stickers that its owned by another alarm company or if you know the alarm company owns the equipment.
While there may be reasons to interrogate your prospective customer about their contractual obligations, you don't have to under most circumstances.
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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