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COMMENT ON NO LICENSE ENFORCEMENT
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Ken
In response to Mr. Cole:
In response to your "no license enforcement - any vendor responsibility" issue...
1) I don't see a "Curtis Cole" within the NYS DOS DLS database. (Perhaps you just work for a company.)
2) I don't see a "Curtis Cole" as a member of MBFAA. I hope you are a member of at least one alarm association. (Perhaps you just work for a company.)
So to answer your concerns... The license law was designed partly as a consumer protection law. That's why NYS DOS DLS does a criminal background check.
"To engage in the business of installing, servicing or maintaining security or fire alarm systems" means and refers to a person who holds himself out directly or indirectly, as being able, or who offers or undertakes, by any means or method, to install, service or maintain a security or fire alarm system to detect intrusion, break-in, movement, sound or fire..."
In response to your "no license enforcement - any vendor responsibility" issue
The "consumer" can purchase and install their own systems in their own premises without the need of a license.
Manufacturers and distributors (wholesale or retail) of alarm equipment have no need for a license under the law. They manufacture and sell equipment, NOT INSTALL in people's homes or places of business. It is not the manufacturers' or the distributors' responsibility to act as "license police."
If you believe you have reason to make a complaint against an unlicensed company here is the necessary information (but an old saying goes... When you point one finger, there are three fingers pointing back to you."):
http://www.dos.ny.gov/licensing/complaint.html
The Department of State is committed to maintaining the integrity and competence of the licensees within its jurisdiction. Should a member of the public believe that a licensee has acted in an untrustworthy or incompetent manner, he or she may file a complaint with the Department's Division of Licensing Services. The complaint will be reviewed and an investigation will be commenced to determine whether the licensee should be disciplined. Both the licensee and the complainant are kept apprised of the proceedings.
A licensee who is found to be in violation of the law is subject to reprimand, fine, suspension or revocation.
Sincerely,
Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
(718) 894-6712
mbfaa.ny@gmail.com
www.mbfaa.com
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MORE ON SHOULD CS MONITOR TAKE OVER THIEVES FROM NOV 29, 2014
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Ken
During my first year in Law School, Torts, we studied soliciting breach of contract. Seems to me this could be a case in point. And if it can be shown that the company soliciting breach, knowingly, and intentionally did same, then punitive damages may apply here.
I am constantly having various companies attempt this and some succeed. If a GOOD customer lets us know someone from so and so company is soliciting them, I contact that company, ask for their legal department, and explain this action and I will sue. If they comprehend the Law, they leave me alone, and the word gets out to their field. But, certain companies don’t care, and I have filed suit and won on a settlement out of court. The attorney did not want it to go to a jury trial facing punitive damages. Of course, all I wanted was to have them stop stealing customers. But, I was happy to accept their monetary offer.
I have never had a locally owned company, and there are three in my city, attempt to steal clients. Seems it is the big boys who really should know better.
Maybe an attorney in your office would like to start going after these companies on soliciting breach and everybody makes money, including you.
Tim,
Redlands Alarm Company.
Redlands California
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RESPONSE
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A lot of problems arise when pursuing a tortious interference cause of action. You need a cooperative subscriber who will support you, and that's not a small problem. Most of the time they either go with the thief or don't care enough to get involved. Sounds like you've had some interesting experiences. You've been lucky that the offending companies you called actually had a legal department. Some don't even have an office, let alone in-house counsel. As you mentioned, there are a few very large companies that have grown, at least partially, on the backs of other alarm companies. When that happens you have no choice but to start legal proceedings. But the loss of a few accounts rarely justifies a lawsuit, at least economically.
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SPEAKING ENGAGEMENTS
If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.
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