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does VOIP or feedback on collection issues / problem with acquistion / comment on ADT lawsuit for cyber liability August 4, 2017carrier need CA license / looking f

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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does VOIP carrier need CA license /  looking for feedback on collection issues / problem with acquisition / comment on ADT lawsuit for cyber liability
August 4, 2017
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does VOIP carrier needs alarm license in CA
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Ken,
    We are subscribers to a VoIP telephone co. called Ooma.  Recently they sent us solicitations to 'do away with your alarm co' and let them provide security monitoring.
    Obviously this didn't sit well.  I researched it a little bit and apparently they throw some basic sensors at you that tie into their VOIP system and then bounce alarm conditions through their network that notifies you via text or voice.
    My question is, are they required to be licensed to perform alarm services?  (we are both in the state of California so I checked and they are not currently licensed here).
Your thoughts?
Thanks much,
Dan
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Response
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Sounds like they aren't doing any monitoring and I'm not sure if they are doing any installation.  If they do either they probably need an alarm license.  
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looking for feedback on collection issues
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Ken
    Could you put this on your forum?
    I'd like to get some feedback from people that have been successful with their accounts receivables and handling people that aren't paying and how they have gotten them to pay. 
    Maybe stop monitoring - but doesn't a letter have to be sent first?   What's the time frame before you stop monitoring?   What about putting a lien on the property?
Always appreciated.  Respectfully,
Megan
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Response
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    Might be interesting to hear about different ways to deal with collection issues.  Feel free to send in your ideas.  I know collection methods have changed since the knocking on doors in lower Manhattan in early 1900s, to "I'll be throwing a brick through their window tonight" [Scott D, circa 1979].  We're more civilized nowadays.  Although I just heard from one of my attorneys that one of our new collection clients was causing a lot of animosity with subscribers before sending them to us for collection by causing the alarm to go off at night.
    If you have our Standard Form Agreements, updated since 2015, send the delinquent accounts to K&K for collection.  We will bring an arbitration proceeding, a quick less painful collection process.  We will also counsel you on what else you can do or shouldn't do.  Sometimes I'll want you to continue monitoring, especially if the subscriber claims the system is not in use or not operating.  Other times I'll suggest canceling monitoring and notifying the AHJ.  
    If your subscriber falls out of its routine paying history and schedule it's time to be concerned.  Do one phone call, then a letter if you want, but the sooner you get it to us [or whoever you wish to use] the better the chance of saving the subscriber or collecting more of what's owed.
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problem with acquisition
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Ken,
    I am an alarm dealer in California and of course, a reader of your newsletter. Do you have time next week for a 20 minute call to discuss a prior acquisition I made where the seller is stealing accounts? It's a unique situation and I am unsure what to do.
Best,
name withheld 
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Response
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    Having a problem with a seller competing by stealing back the accounts sold to you isn't a unique situation.  It's also something that your agreement should cover.  You did not use K&K for your acquisition so I am unable to assist you now.  You should be able to ask the attorney who handled the acquisition to help now.  Use us next time.
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comment on ADT lawsuit for cyber liability from July 8, 2017
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Ken:
    Interesting article on wireless hacking vulnerability. Many cameras also have this vulnerability, and can be exposed to threats even if hard wired. The commonly used remote view DVR and NVR feature can easily open a potential route for attack, particularly if it uses UPnP. Every security installing business has an obligation to do some research into threats and take appropriate corrective action.
    This is probably the most important difference between i-ACS and remote view, for video only systems.         We encrypt and send video using a nonstandard method, and we have a dedicated engineer on staff for network security. Many other features of i-ACS include software integration of access, alarms and video.  Use by any device without software install and special access for 1st responders using their own field pads without any configuration or software loading. I don’t want this to sound like an ad, as there are other firms that take network security very seriously. I guess ADT isn’t one of them.
Thanks,
Mitch Cohen
Bric Security
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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
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