Tomorrow's Webinar starts at 12 noon EST.  Topic is trade secrets and restrictive covenants.  As all of of our Webinars, this is free.  Presented by Judge Ruth Kraft.  Register now and be sure to sign in early tomorrow.  
Register herehttps://attendee.gotowebinar.com/register/2621949660828025601


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   An interesting article appeared in Security Sales & Integration on line newsletter on March 19 2014 written by Rodney Bosch.  The article (you can read it here):

http://www.securitysales.com/article/officer_down_false_dispatch_leads_to_shot_fired/P3 ]

describes how a central station dispatched police and failed to notify the home owner of the dispatch.  Apparently others on the call list were notified.  Industry expert Jeff Zwirn opined that the central station was "reckless".  Why?  Here's quote from the article attributed to Jeff Zwirn:

    “After the central station received alarm signals from the home, they had a duty to fully inform the homeowner, including if the police had been previously dispatched to his home, along with the zone number which triggered the alarm system,” Zwirn says. “Recklessly, this mission-critical information was never disclosed or provided to the homeowner. At the same time, everyone else on his contact list was provided with this information by the central station operators.”

    Jeff supports his opinion citing to CSAA, SIA and UL monitoring standards regarding verification, designed to reduce false alarms.  Not discussed, but apparent from the article, is that there is a lawsuit by the cop.  Jeff is apparently the expert hired by the cop.
    The facts in the article are sparse, but one issue immediately struck me, and it's something I"ve been emphasizing lately.  It's the duty of the dealer and the central station to inform the subscriber how alarms will be responded to.  
    Jeff's opinion seems to jump to a conclusion that may not in fact be accurate.  Exactly why did the central station have a duty to inform the homeowner that the police were dispatched?  Where did that duty arise?  It certainly can't be created by CSAA, SIA or UL.  It can't be created by Jeff Zwirn either. 
    In point of fact the duty will arise pursuant to contract, the one that the subscriber signs.  Hopefully that contract will describe what monitoring services will be performed.  As a preliminary matter the alarm dealer should know the central station procedures, and these procedures should be explained to the subscriber, and ideally addressed in the monitoring contract.  
    Jeff seems to take for granted that ECV is required, if not by statute then by industry standard.  But it's the contract that must first be scrutinized to determine the duty owed when the alarm signal is received.  The Standard All in One, both Residential and Commercial, separate verification services as a separate service and for which there is a charge.  Of course alarm companies are free to give the verification service away for no additional charge, but the point is that it's addressed in the contract.  So is the response procedure, though perhaps not in the detail as the central station's policy manual or training manual.
    Hopefully we will find out how this case concludes.  Thanks to Bart Didden for sending me the SS&I article.
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Comments on valuing business /  false alarms
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Ken
    I think Leo Weiss  has it all wrong.
    When I sell and install a system using
1- Equipment listed for the application.
2- I am properly trained and licensed to install the equipment.
3- Based on my training and experience have mitigated all the hazards to a successful installation.
4- Have trained the end user and pointed out the instruction manual and all of the topics.
5- I install according to the applicable codes and standards and followed the manufacturers instructions.
6- Given the end user phone numbers to call with questions or for training.
7- given the customer  the phone number to call for service.
    How is it my responsibility after all the above when my customer carelessly or absentmindedly causes false dispatches?  That would be the same as billing the automakers each time the police issue a speeding ticket, Investigate an auto accident or take a complaint of a stolen car.  At what point does the CONSUMER take responsibility for his/her own actions?  Do dealers make mistakes? yes. Do they sometimes cut corners in installations? Yes. Is it right? NO.
    Rather than blame an entire class we should be pointing fingers at the hacks. We all know who they are because I read complaints from dealers here all the time. "REGULATORS SHOULD DO MORE ENFORCEMENT....  Well if you SEE SOMETHING, SAY SOMETHING. If you see an unlicensed person dong craft work you have to be ready to stand up and say I SAW THE VIOLATION THERE AND THEN.... TAKE ACTION REGULATOR......
From under my table...
Joel Kent 
FBN
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Ken,
    The comments on verified response, ECV and "false alarm cost recovery" with fines and fees have been gutsy and an interesting read.  Real ideas from real people who are stakeholders in the issues themselves. 
    I think your newsletter is unique in  providing a forum to openly discuss some of these "elephants in the room," without censoring those who disagree with the establishment or associations. 
    Thank you for the forum and the valuable service it provides. 
Keith Jentoft
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Ken,
    Roger D. Score, President of a non-ESA affiliated splinter alarm association in Arizona is entitled to his opinion but his personal position on alarm response is just that, his personal opinion.  What his rant does do better than support his personal position on alarm response is that it highlights how one single approach to a problem is no answer at all. Tens of thousands of communities have implemented their own version with great results, such as highlighted by Ron from the Alarm Center (who I have know for years and was an early pioneer in dispatch request reduction).

    Another way to view Roger's approach is simple, its big government at the federal level, one approach for all. Well as its unfolding now with The ACA program, one size does not fit all or work better. Local problems are solved by local answers and collaboration between the public/private/constituent sectors of each community.    Finally, Roger's statement, "Alarm companies selling a police response is illegal.
       Private industry selling of taxpayer funded resources is illegal", I would like to know where its been adjudicated by a competent Court or legislature that that is what alarm companies are doing anywhere or everywhere. I have assisted writing legislation, I have been an Elected Official, a legislator and a Police Commissioner besides active in Alarm Associations and the good work they do every day for 29 years.
    When I write here I use various closing blocks depending on the topic or the view point that I am espousing. Roger D. Score needs to adopt the same style or his members need to replace him unless that are all drinking his cool aid.

Bart A. Didden.  President
USA Central Station Alarm Corp
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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Webinars

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Topic:  Trade Secrets and Restrictive Covenants. The webinar will focus on trade secrets and restrictive covenants as follows:

                1. will courts enforce the covenants?

                2. what standard must be met in order to obtain relief?

                3. legal strategies for enforcing covenants

                4. definition of trade secrets

                5. required security efforts

                6. non-compete agreements

When:   Wednesday, April 2, 2014 12:00 PM - 1:00 PM EDT.

Register herehttps://attendee.gotowebinar.com/register/2621949660828025601

Presenter:  Judge Ruth B. Kraft, Chair, Employment Law Group, Kirschenbaum & Kirschenbaum, P.C.

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Speaking Engagements

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SentryNet's 19th Annual Dealer Conference.  April 22 - 24, 2014 at Harrah's in Tunica, MS.  register at http://www.sentrycon.us or call Peggy at 800-932-3304 for more information.   www.sentrynet.com

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Northeast Security & Systems Contractors Expo.  Thursday, May 22, 2014 10 am to 5 PM at  Royal Plaza Trade Center,  Marlborough, MA.  registration  https://www.expotracshows.com/neacc/2014/  Presentation on Alarm Law issues and Q&A will be at 2 PM.  For more info contact Gary Spaulding, NEACC President

207-384-2420 gary@spauldingsecurity.com
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000   

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Electronic Security Summit for 2014.  October 22-24, 2014  at the landmark Broadmoor Hotel. Colorado Springs, CO.  For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC.,  (786) 999-9738    alex.quirin@aspsummits.com    www.aspsummits.com

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