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 whitelist ken@kirschenbaumesq.com ****************************** More Comments on NY to fine alarm companies for false alarm July 22, 2025 ************** More Comments on NY to fine alarm companies for false alarms from article on July 14, 2025 ************** Ken Is the end game to notify the occupant only and not the authorities? Next step will be video verification before dispatch? This would increase RMR for installers but surely lose a lot of customers along the way. Jason ********************** another comment ********************** Ken I have two comments regarding the proposed false alarm law. The first is that (and you may recall) I litigated a similar situation 30 years ago involving a false alarm ordinance and levy from the Plainview Fire Department. A local system kept sending signals to our central station which were duly transmitted to the FD. The alarms were "false" because the local system was faulty. We protested but nevertheless the FD sued us for the false alarm fees. We defended, lost in the lower court, but got it reversed on appeal and ended up paying nothing. PLAINVIEW VOLUNTEER FIRE DEP'T, INC. v. AFA PROTECTIVE SYS., INC. 111 A.D.2d 379 (1985). I realize having to go this route without in-house counsel is not much comfort for most, but at least it shows that such a fee could be avoided where the alarm company is not at fault. The second, and probably of more interest is the possibility (probability?) that this bill is now being "handled" by legislators sympathetic to the industry. Years ago there was an attempt to make all limited liability clauses void in alarm contracts. It got all the way up to the Governor's desk before our group (then the Ad Hoc Committee of Protective Services) got it pulled back. It turned out that the genesis of the bill was a local Assemblyman's friend was robbed and as a result he proposed the bill. Once we got it pulled we had more sympathetic politicians keep proposing the bill, with no intention of moving it, thereby insuring it would never become law. Eventually, the issue died down and any impetus for such a law was gone. This sounds very similar to what may be happening with the current bill in issue. Just another reason I am happily retired! Robert ****************** another comment ****************** Ken With regards to the proposed New York alarm law. Car dealers should be included in this law. Any car involved in any accident becomes the dealers responsibility. John ******************* another comment ****************** Ken Why wouldn’t the simple solution be to pass through any fines imposed back to the customer? Thanks and stay safe. Jim ******************* another comment ******************* Ken Turns out this bill is an effort to stop NY localities from fining alarm companies for all alarms. “Some municipalities automatically fine alarm companies for any sort of false alarm, regardless of whose fault it was; however, A.3343/S.4328 ensures that the alarm companies are only held responsible for false alarms when there is clear evidence of an error or deficiency on the part of the alarm company and/or an entity operated by them such as a central station, rather than just automatically placing blame on the alarm company. This legislation also ensures there is a uniform policy on false alarm fines throughout the state, rather than varying by area.” Link to SIA Article - False Alarm Fine Relief: New York Set to Enact Legislation Ensuring Only Those Who Set Off False Alarms Get Fined https://www.securityindustry.org/2025/06/24/false-alarm-fine-relief-new-york-set-to-enact-legislation-ensuring-only-those-who-set-off-false-alarms-get-fined/ I dont know of any municipality that fines alarm companies and I dont know of any alarm companies that have paid a fine Brad Shipp ******************* Response ******************* The legislation was promoted by ADT and it's beyond me what its motivation was. The legislation was not needed in NY; perhaps elsewhere. The K&K Standard Contracts permit passing the false alarm fines onto the customer. All the false alarm fines I've heard of, except in Georgia, fine the customer. ******************* STANDARD FORM AGREEMENTS: To order up to date Standard 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
