KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on Can ADT be sued for sending subscriber to crime scene / booth meetings at ISC 
March 25, 2019
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Notice:  ISC West.  Private meeting times are booked.  Concierge Clients should call our  Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. 
Open Meet and greet schedule at ISC:
Wednesday 11:00 am – COPS booth ; 2:30 pm – Avant guard booth; 3:30 pm – All American Monitoring booth
Thursday 11:00 am – Rapid booth;  2:30 pm – J. Krug booth  
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Comments on Can ADT be sued for sending subscriber to crime scene from article on March 20, 2019
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Ken
            I think I heard you say the answer to the first question one time, "yes, you can sue anyone for anything." 
            As a former central station operator trainer I think the answer is all the verbiage. The ADT Operator reportedly told the subscriber to go to the scene of the crime and wait for the police.  
            It would have been better if the operator told the subscriber:
            "we received alarm from the (front door example) of the business located at _______ location.   We have dispatched the police.  Will you be meeting the police at the scene, if so, ETA"   Operator informs police dispatcher that the subscriber will meet in 10 minutes in a blue truck."
            or 
            "the police requested that you meet them on the scene at _______ location. Will you be meeting the police at the scene, if so, ETA"   Operator informs police dispatcher that the subscriber will meet in 10 minutes in a blue truck." 
            A trained Operators NEVER ASSUME or "FIGURED THERE WAS BREAK IN".  
Nancy from Nashville
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Ken
            Re:  About sending customer to the alarm site, K&K 3.20.19. 
            It is quite common for the local ordinance to address the issue… by saying the customer must respond to the site within a certain time (30-45 Minutes) when requested by the police, via monitoring center.  Generally it means the cops arrive first and remain on site until customer arrives.   We believe the bigger issue is the slow or no response??  What to do with alarm signals? The contract says the monitor will call the cops…. but does not say the monitoring service has enough credibility with local cops to get any attention or priority.   
            The dilemma… several states have already legislated low or no credibility for private monitoring firms. “.… do not call the cops first”. And dozens of municipalities have policy or ordinance for a type of VR-Verified Response.  Ok K&K, what to do??
Lee Jones
Support Services Group
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Ken
           Reading this narrative, my first reaction is I would like to listen to the exchange between ADT and the sub, since as we all know WORDS MATTER.  If ADT told the sub to respond and meet the police, they assume some liability, but if they state “your burglar alarm has been activated, the police have been notified”, that’s different and if the subscriber responds into a dangerous situation, it is on the sub.  As you know from your court appearance, choice of words and their delivery count.
Joseph Hayes, CPP, PSP, SET
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Ken
            Maybe I am oversimplifying the issue.  
            John subscribes to monitoring and does so because he is afraid of BAD GUYS breaking into his store.  Monitoring station calls and tells John, you alarm has gone off and the police were dispatched, go to the store.  The UNSPOKEN PHRASE is go to the store " TO MEET THE POLICE.""  (Otherwise why have the monitoring center DISPATCH the police. What if you make it there first?  MY COMMON SENSE SAYS IF BAD STUFF IS GOING ON WAIT FOR THE POLICE IN A SAFE SPOT  Not near the scene of a crime possibly in progress.
            If the monitoring station said go to the scene should they have to tell the subscriber to WAIT FOR THE POLICE?
            That being said I would also look at the ensuing investigation by the police. (There may be active video surveillance in use by the store owner or others.......
            People that commit crimes do not always make the best decisions however sticking around after a vehicle pulls up and then Accosting THE OPERATOR is not very smart in 2019. Even in 2018 or 2017.  Some bad guys do actually try to rob the responder. You read about them when the store owner (With a permit) opens fire and ends the would be robbers career.
            From the land where COMMON SENSE is NOT COMMON,
Joel Kent
FBN
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Response
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            Lot of comments on this topic.  To be continued tomorrow.  Thanks everyone.
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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