KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Comments on crazy lawsuit against ADT / Vivint sued in class action by visually impaired / ISC schedule June 5, 2021 ************************ Comment on crazy lawsuit against ADT from article on May 22, 2021 ************************ Ken: What Attorney in his right mind would file a case like this? Can ADT countersue to recoup all legal costs? It is cases like this that raises everyone’s insurance premiums and overwhelm court systems with frivolous suits. Jeff ****************** Ken I think this speaks more to the abysmal way this country acknowledges and treats mental health issues. So sad that a lawyer took this case and a judge allowed it into court, whilst the complainant appears to go untreated. Just my two cents. Christopher ********************* Ken Sounds very "incestuous" to me! If corporate Robber Barons weren't so dirty, this story wouldn't sound like a modern day movie thriller! Truth is stranger than fiction! Bob ********************* Response ********************* ADT won’t be able to recover its legal fees, that’s the American Rule [as opposed to the British Rule] unless it sends out a notice that the case is frivolous and gives the plaintiff a chance to withdraw the case and the judge then agrees it was frivolous. Chances of collecting from plaintiff may make the effort equally frivolous. ********************* Vivint sued in class action by visually impaired ********************* Vivint has been sued in USDC in Southern District of New York in a class action [Case 1:21-cv-04724] . Here is except from the complaint: “Plaintiff brings this civil rights action against Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Defendant’s denial of full and equal access to its website, and therefore denial of its goods and services offered thereby, is a violation of Plaintiff’s rights under the Americans with Disabilities Act (“ADA”). Because Defendant’s website, www.vivint.com (the “Website” or “Defendant’s website”), is not equally accessible to blind and visually-impaired consumers, it violates the ADA. Plaintiff seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices, and procedures so that Defendant’s website will become and remain accessible to blind and visually-impaired consumers.” These kinds of lawsuits are not uncommon. Bigger companies have large targets on their back. Your website needs to be compliant too or you risk a lawsuit. K&K has defended this kind of case and it can be quite costly to defend and settle. ******************* ISC schedule ***************** I’ll be at ISC in July and we are now scheduling private meetings and participation in round table discussions, topics and guest speakers TBA. Time for private meetings are limited so please reach out to Stacy Spector, Esq at 516 987 8428 or SSpector@Kirschenbaumesq.com. Concierge Clients with appointments are all set. ****************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
