KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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cyber liability / sole proprietor / comment on DIY / FL term / ISC meetings / termination letter
March 10, 2018
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cyber liability
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Ken,
    Is there a liability clause for cyber attacks on our customers in any of your contracts?
Respectfully,
Megan
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Response
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    yes, in all of the Standard Form Agreements.  With remote access to the systems it's essential that hacking be addressed.  The contracts have several provisions that address the issue, as well as specific disclaimer.
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sole proprietor
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Ken
    I currently am running my business as sole proprietor. With the amount of clients I have and the nature of my work (95% CCTV cameras) I thought that was best. As things become more complicated, and I look to expand, I think it is time I enlisted some help. If possible, could we set up a meeting where we could discuss my current arrangement (liability and tax-wise), and possible expansion/incorporation of my business? Any insight you can give would be greatly appreciated. Please feel free to contact me at any time by phone or email.
    I look forward to hearing from you.
Sincerely,
Adam
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Response
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    Getting quick advice from me is as easy as sending me an email, and getting a meeting with me is as easy as a phone call to my office [call Eileen 516 747 6700 x 312] to book some time.  
    A meeting to discuss your issue is really not necessary.  I would be hard pressed to come up with one good reason for you to operate your business as a sole proprietor.  You need to incorporate, in your state [not Delaware, unless that's where you are] and then elect subchapter S status.  Then you need to get Standard Form Agreements and E&O insurance.  Your just saved $750 consultation fee.
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comment on what legal help you'll need to enter the DIY alarm business from February 14, 2018 article
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Ken,
    I get so "irked" by all these people that think they can just create a company name and then monitor for the DIY'ers.  There shouldn't be ANY DIY'ers. The homeowner doesn't have a clue how to install a door sensor or motion detector. But wait... all they have to do is lick em' and stick em' to the wall or door!
    No wonder we have all the false alarm issues. Do they know that they can't put a door sensor on a door that has a lot of slop or play? NO! just put it on there anyway and when the wind blows....false alarm!
    How about the motion detector they point towards a window with on coming car lights, the glistening of the water on a lake or pointing it towards a heat vent...guess what? another false alarm!
DIY'ers have no place in the alarm industry..... Just like people who think they can be their own lawyer! I'm sure you heard that a time or two.
Just my "2 cents".
Greg
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Response
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    I'm pretty sure the industry had false alarm issues before DIY hit the market.  But I am sure the DIY products aren't helping.  There are lots of issues when entering the DIY market, money being the number one issue.  Without money you'll have a hard time taking care of all the other issues.
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how long can a contract be in Florida
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Ken
    Is it true that Florida will only allow a year contract for monitoring?
John
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Response
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    Not that I have heard.  Where do these rumours come from?  I am not aware of any state that has a law limiting the term of an alarm contract.  That's for the initial term.  Automatic renewal laws are in several states, and you need to comply with them.  Check your state herehttps://www.kirschenbaumesq.com/page/alarm-law-issues
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ISC meeting
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Ken,
    I was wondering if we could get together for a few minutes at ISC West.  I realize it isn’t for another several weeks, but I thought since we would both be there….
    I think my company is need of legal serves/protection.  I am about to venture out to find an equity partnership or better, and I don’t necessarily trust all the players.  Now that SedonaOffice has been sold, I am concerned as well, or perhaps elated, that we might be next.
    I will be in NY soon if you feel meeting sooner would be better.  I thank you for your attention to this, and look forward to your thoughts.
    Thanks
Christopher
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Response
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    I will be at ISC this year.  I am still setting up my schedule but I do hope to meet with as many of you as time permits.  A quick meet at ISC, even if turns into a quick consultation, while no doubt free, isn't really a substitute for a formal consultation.  To schedule a meeting with me at the ISC show contact our Contract Administrator, Eileen Wagda at 516 747 6700 x 312 and she will schedule you.
   Here's my schedule so far:
April 10:  
SSI Hall of Fame Marco Pollo Room at Sands Convention Center 4:30 to 6:30 pm
April 11:  Rapid Response Monitoring 2 -4 PM
               COPS Party: 7:30 PM Gilleys at Treasure Island.  come to COPS booth to get invited
               National Monitoring Center Party: 5:30 PM.  
I've gotten everyone on this forum invited to the NMC party. If you want a consult at the party be sure to get to me before the second scotch.  Here's the invite:
    NMC would like to invite everyone on Ken Kirschenbaum's forum to a free dealer only event at ISC West. Join us for cocktails, great food and conversation in the sophistication and luxury of the Hyde Lounge inside the Bellagio on Wednesday April 11, 2018 from 5:30 - 8:30 pm. To RSVP, visit https://www.nmccentral.com/lasvegas2018/, email Sales@NMCcentral.com or call 877.353.3031 for this dealer only event. Must be 21 to enter.

April 12:  Stages luncheon 11 AM.  For central stations only
                 COPS Monitoring booth:  1 - 2 PM
                 All American Monitoring booth:  2 - 3 PM
                 Rapid Response Monitoring Party:  by invitation only

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termination letter
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Ken,
    Do you have the letter that can be sent to subscriber at time of termination? 
Thank you,
Roman
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Response
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    How about a post card with sub's address on one side and this on the other side:  "Get Lost, from your former alarm company".  I bet you're thinking you may want something a little more formal.  
    It's tough to come up with one letter that fits all circumstances.  Alarm companies terminate subscribers for different reasons.  Could be late pay, too many false alarms, excessive signals, too many unpaid service requests, or even request by subscriber to terminate.  
    But all the termination letters will share a few common features.
termination should be unequivocal, so don't make it conditional - such as if sub pays you won't terminate.  By the time you get to the termination letter you need to specify the date and time that service will stop.  Then you need to stop at that time.

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THE ALARM EXCHANGE

 

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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
516 747 6700
www.KirschenbaumEsq.com