May 19, 2011
******************
*************
comment
*************
Ken
While the specifics you outlined are the case in California, as we had a customer who waived to obtain an “emergency installation” (they wanted it done immed as the had just moved in and they stated their work schedule would not allow them to be at home), signed a ’waiver’ on a sep. form, hand-written. Our rep did it exactly legally correct. Our wonderful BSIS Lic people told her that she still had a right to cancel, after we had shown up to start the job. The Lic people do not care what the law says, they side against the bus, well at least they side against Lone Star.
They are the same Lic. people who filed a complaint against us because a business who signed up, and gave us a deposit, then wanted to ‘cancel’, when informed that they had no legal ‘right’ they filed a complaint which BSIS took action on and issued a compliant against us! Even though the bus owner test at a hearing that she ‘assumed’ she had a right to cancel, and that she asserted at the hearing that she now understood that ‘businesses’ did not have such a right, rather than dismiss, BSIS of course pursued the matter! She did then assert that she did not sign the Agreement (that had her signature) though she admitted to giving us the check, and all the contact info, but she asserted that “the salesman told her she could cancel” so she ‘believed she could” ( Never mind the limitation of the Agreement clause!)
So,am I wrong, or is the BSIS on a witch hunt against EVERY alarm co., or is it just me? My attorney says I am not paranoid, they REALLY are out to get me! So tell me again that we live in a free country?
BB
*************
Response
*************
Alarm companies, like many other businesses, have to be concerned about the licensing agency, the enforcement agency, consumer affairs, attorney general and the courts. Since they all adhere to the court invented ordinary man, who as I have explained, is the "least sophisticated consumer", it's no wonder that business owners feel the deck is stacked against them. Having dealt with all of the above I think your best bet may be with the courts. While some judges see themselves as social renegades, most feel constrained to enforce the law. Thus, if the law permits the 3 day cooling off period to be waived in a particular way they will enforce it.
Alarm companies may feel particularly aggrieved because they have long term revenue generating contracts that consumers want to breach with impunity. It's frustrating when agencies with some control over your business won't support you by simply upholding the law. It's often more expidient to move files by supporting the consumer against the business.
Sometimes you just have to stand your ground. My office files lots of collection lawsuits for the alarm industry here in NY [and will be now in NJ] and we were having difficulty with one particular judge who continued to handle many of our cases. She refused to enforce certain collection provisions case after case. We finally filed 6 appeals; she was reversed in all 6 cases; we no longer have a problem with her following the law and the contract terms. When dealing with the licensing and enforcement agencies it's important to be respectful, helpful, compliant, cooperative and responsive to inquiries. However, you don't have to cave in to every demand. If you're right in your position, stand your ground.
OK, got that off my chest. So I'll end by just suggesting you give me a call when the license revocation proceeding starts. Only kidding.