More comments on what you can do about unlicensed competitors / Contract sale today August 5 2023

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More comments on what you can do about unlicensed competitors / Contract sale today  
August 5 2023
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More comments on what you can do about unlicensed competitors from article on July 24, 2023
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Ken
          In Texas the burglar alarm program is run by the Texas Department of Public Safety.  I worked with a trooper that was upset that he had to drive by an unlicensed alarm contractor every day.  The trooper's job was to go after unlicensed companies.  He told me that he was having a hard time to get the DA to take a case, even when he had overwhelming evidence. He also told me that the DA would take a case against a license contractor with very little evidence. The trooper retired before he was able to get the DA to take the case of the unlicensed contractor he drove by every day.
          Our local alarm association would tell us to report to them any one doing alarm work without a license.  A number of the association board members worked for monitoring stations.  We finally figured out they were not wanting the State to go after them, they just wanted the people get licensed and use their monitoring station.
          If you use this in your new letter, please list me as
No Name
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Ken,
          regarding unlicensed competitors. In Oregon we have the OREGON CONSTRUCTION CONTRACTORS BOARD. They have Field Investigators/Inspectors who will quickly investigate any unlicensed contracting activity. And they are strict. One law is any and all licensed contractors MUST provide/print their State CCB License # on all business stationary, business cards, bids, estimates, contracts, invoices, receipts, checks, phone book advertisement, billboards, special flyers, EVERYTHING that has a contractors name (even your magnetic vehicle door sign) must also display the State CCB License number. If you don't, you can get fined by the State CCB Field Investigator. High and low voltage, alarm, camera, and security companies included.  A State CCB Field Investigator can shut down a job, and issue a citation to appear in court. OR, the offending party can just pay the hefty fine on the citation.  Perhaps your readers have resources such as this available to them in their own state to put the ka-bosh on unlicensed competitors.      
          HOWEVER. I had an extremely unusual experience with my area's CCB Field Investigator many years ago.  EXTREMELY UNUSUAL.  To make a long story short, early in my career I lost a small commercial job to an unlicensed alarm company using an unlicensed installer. The new phone book just arrived and I noticed this new alarm company was advertising but did not display their State CCB#.  Doing a little investigating, I learned (that) the owner was a local woman who was alreading running a small group of women private investigators.  I called the State CCB to complain what I knew and I was referred to the State's local CCB Field Investigator, who oversaw Lane County in Oregon.  I about choked when I was given the same name of the owner of the offending alarm company!  What? How could that be?  Turns out, the State CCB contracts with local private investigation firms (in every county in the state) to be their State CCB Field Investigator. Apparently the State CCB contracted with a private investigation company that decided to start its own unlicensed security company. Why not? If anyone complained, they would be the ones to investigate themselves!  Unbelievable.  Am I the first person to stumble upon this?  Apparently so and I'm not having it.  
          In utter disbelief, I gathered as much evidence as I could, their phone book ad, lacking CCB #, (they never licensed themselves with the CCB), a copy of Secretary of State Corporation papers, (proving who owns new alarm company and who owns private investigation firm), pictures of panel of job lost, etc., proof no alarm permit with city, no permit for low voltage installation, etc. I had proof their technician was not licensed for anything. Not high voltage, not low voltage, not plumbing. Not anything.  
With evidence in hand, I called the CCB Headquarters and asked to speak with their supervisor, Charlie. His response was pretty much nil. He did remark "They bring in a LARGE amount of revenue for the State".  I understand that, but I also understand corruption and he didn't. wasn't going to do anything. Absolutely nothing. In fact, I think Charlie was disappointed I called and dropped this bomb on him. At the end of the call, Charlie just didn't care. I wondered if he already knew about their alarm activity because he didn't seem surprised at all. 
          Oh, what to do. I felt stonewalled!  A day or two later, I noticed the State CCB just voted in some new Board of Directors and I saw a familiar name.  Jeannie Staton, (Staton Construction).  She is an old friend of my family and extremely successful and well respected in the construction community. (I think the 1st female to become a State CCB Board Member.)  I called her. Invited her over to my house. I displayed all my evidence on my kitchen table and she too was almost in disbelief. More so with Charlie. She knows him. She took my file to the next board meeting and Charlie was there. Charlie got exposed in front of all the Board Members and other Supervisors. Not sure what all happened to him, but those dirty private investigators were informed that in order to keep their lucrative contract with the State, they could not compete in the same industry they were paid to enforce. Given the ultimatum, they decided to give up their sly attempt at entering the security industry and stick to enforcing it. All  because I took the time to complain about losing to a new on the scene, non-licensed competitor and I would not give up. 
Cynthia Branen-Hart  
Retired Oregon Security Consultant
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Ken
          Re license enforcement in New York
          In new yuck…nothing; already been proven
Mike
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Birthday sale starts now and runs to Sunday: Order Here: www.alarmcontracts.com
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          Hard to believe another year has gone by.  Yep, if you check your K&K calendar you’ll find August 5 in red; that’s my birthday.  I’m heading pretty close to the bottom of the drop box when I have to select the year of birth.  Contract sale has become sort of tradition for my birthday; one way I give back to the industry.  So here’s the deal for this sale, which is the last sale this year.

                   When's the sale?  Today through Sunday 
Orders received today through Sunday will be discounted 20%.  If you're a Concierge Client [and you should be for lots of reasons] you get another 10% [that's 30% total].  Order Here: www.alarmcontracts.com

          And here is additional incentive to try
                          new contracts. 
                        Order Here: www.alarmcontracts.com
The following contracts will be discounted 30%
[plus another 10% for Concierge Clients]:

Home Watch Service
VIRTUAL REMOTE GATE GUARD MONITORING AND ACCESS CONTROL SERVICE: Sale or Lease
FIRE ALARM PARTS AND SMARTS AGREEMENT
SOLAR PANEL PURCHASE AND INSTALLATION
Security Consultant Agreement
VIRTUAL DOORMAN
ELEVATOR MONITORING CONTRACT
Confidentiality Agreement for Estimates and Specifications
ANSWERING SERVICE with questionnaire
COMPUTER CONSULTING, SALE, SERVICE, HOSTING
DIGITAL SIGN AND DISPLAY SALES, HOSTING AND SERVICE
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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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
www.KirschenbaumEsq.com