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 white list ken@kirschenbaumesq.com
******************************
New Concierge Program benefit / HIPPA / Written notice / Todays Webinar at noon ET
October 26, 2021
*******************
Webinar - financing options - sign up today's webinar
***
Title: Today's Financing Options in the Alarm Industry
When: October 26, 2021 12 PM Eastern Time
Topic: various options alarm dealers have today for obtaining financing such as traditional dealer programs, consumer finance, leasing companies, specialty lenders, and your local bank to name a few. There are financial and legal ramifications that dealers should know about when considering how to raise money to sustain or grow their company.
Presented by: Jim Wooster Jr., president of Alarm Financial Services Inc, and Ken Kirschenbaum,Esq.
Who should attend: owners, CFOs, managers
Register here: https://attendee.gotowebinar.com/register/3991307891496375563
************************
HIPPA
*************************
Ken
The Commercial Security All In One Contract, does it have any language in the contract pertaining to hippa and camera systems? Had a customer ask and needed to know.
Jason
************************
Response
***************************
The Commercial All in One does not have HIPPA provisions because alarm companies providing security services are not covered by HIPPA. HIPPA would apply if you had access to protected health information. You don’t. You don’t need to see patient files to provide intrusion security or cameras or any other security services.
Having said that, don’t be surprised if you are asked to sign HIPPA compliance provisions in customer contracts, especially if the customer is a hospital or doctor’s office, but that’s for them, not you.
****************************
Written notice
*************************
Ken
We use the All in One for both residential and commercial and we have run into a situation a few times where people protest sending in written notice via certified mail. We understand why this was put into place; however, we wonder if we can accept other forms of written notice. Email, for example.
If someone is going to cancel, they are going to cancel and stop paying. We don't want to keep an account active just because they don't send a certified letter. We also wouldn't keep them active without payment but then we would send them to collections, but we haven't seen a good return on that.
Thoughts?
Megan
*************************
Response
*************************
I think the updated Standard Form Agreements may have changed the certified mail requirement as antiquated and pretty much universally ignored. You can accept communication in any form. You do need to be careful that notice requesting you to suspend or terminate service, particularly monitoring service, comes from the customer or authorized person. You should have it documented, so a text message or unrecorded audio [which you will retain and have available if necessary] may not be sufficient. Emails should be printed and put in the customer file or downloaded to the customer’s electronic file.
The updated Standard Form Agreements also now call for you to notify the customer if you’ve terminated monitoring service. Most of you were doing some notice anyway, even though the contract didn’t require it. If the customer is in default you have every right to terminate service.
It’s not surprising that you have had poor experience with collections. You use the Standard Form Agreements and one of the advantages to those contracts is that K&K will represent you in collection matters, at least through the arbitration process which should resolve at least 50% of the cases.
New Concierge Program benefit:
You’ve actually just given me another great idea. If you are a Concierge Client using K&K contracts we will include one collection letter at no charge each month. This added benefit is in addition to the other benefits which include, among others, free half hour each month for contract review, 10% off contracts and 10% of billed hourly legal fees.
***********************
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.
***********************
NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
***********************
THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc.
There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here.
************************************************
Getting on our Email List / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com
**************************
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
|
