KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Sign up for Group and Private Meetings in LV / More on automatic renewal in contract
March 9, 2024
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Private and Group meeting schedule now available
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Group Meetings:  See schedule below.  Reserve your spot by calling  Stacy Spector at 516 987 8428.
Private Meetings:
          Schedule a Private Meeting with Ken Kirschenbaum by calling Stacy Spector at 516 987 8428.
            Register for a Group Meeting by calling Stacy Spector at 516 987 8428
           Schedule Private meeting with broker Rory Russell by calling Stacy Spector at 516 987 8428.


Group Meetings: Topics and Schedule
Tuesday April 9.  Group Meeting: 3:00 pm to 4:00 pm – Monetize on your monitoring accounts; new incentive program; learn how to get unheard of incentives from your central station or move to another one. Group meeting conducted by Ken Kirschenbaum.
 
Wednesday April 10.  Group Meeting:  11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group conducted by Ken Kirschenbaum.
 
Wednesday April 10.  Group Meeting:  2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
 
Wednesday April 10.  Group Meeting:   3:00 pm to 4:00 pm – Central station – dealer relationship; contract issues; understanding the dealer agreement terms and why you need the K&K Rider. Group meeting conducted by Ken Kirschenbaum.
 
Thursday April 11.  Group Meeting:  10:00 am to 11:00 am - Insurance for your alarm business – best options; availability, pricing and claims. Group meeting conducted by Shawn Iverson of The Insurance Center.
 
Thursday April 11. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
 
Thursday April 11.  Group Meeting:   from 3:00 pm to 4:00 pm -
The Corporate Transparency Act. Group meeting conducted by Mitch Reitman of Reitman Consulting Group.
 
Private Meetings with Rory Russell of AFS:
         Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Available times to meet with Rory Russell are as follows: Wednesday April 10 and Thursday April 11 between 7:30 am and 11:00 am and 12:30 pm and 4:00 pm.  Contact Stacy Spector to schedule a private meeting with Rory.  Call 516 987 8428
 
ALL TIMES ARE PACIFIC STANDARD TIME.
 
Contact Stacy Spector, Esq. for all scheduling at Sspector@kirschenbaumesq.com or 516-987-8428.
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More on automatic renewal in contract from article on February 12, 2024
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Ken
          Why not have language on your invoice to serve as notice of an automatic renewal?  Our contracts invoice annually in advance so we are meeting the requirements of our T&Cs to notify the customer of a renewal 30 days in advance as that is when our invoices are set to be sent to a customer and include this language on the renewal invoice each year after the initial term.  Seems to work well for us and I have not run into issues of non-compliance in any states where we operate (primarily the mid-west on the commercial side).
 Thanks,
Sean
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Response
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          Sounds reasonable; makes sense; but you’re not a state legislator, and definitely not in each state you operate in.  The problem with trying to come up with common sense solutions, sometimes re-inventing the wheel, is that a notice on your invoice may not satisfy the state law regarding automatic renewal. 
          Automatic renewal laws are NEVER written as mere suggestions; they are not written with Do This or Something Like This.  The laws are quite specific; sometimes onerous and burdensome, designed to ensure non-compliance.  New York is one of the worst.  Notice has to be within a 15 window, delivered Personally or by Certified Mail [guaranteed never to get there].  I represent and talk to hundreds of alarm companies in New York and I don’t know a single one that complies with New York’s ridiculous automatic renewal law. [but guess what, they don’t have to if they use Kirschenbaum Contracts™]
          I don’t know what states you’re in, but each may have a different requirement or requirements.  They may even have different penalties.  Penalties for non-compliance can range from void contract, voidable contract, unenforceable contract, deceptive business practices, subject you to class actions and enforcement proceedings by your state Attorney General.  All that on top of maybe not have the contractual protection you need if a claim is brought against you for a customer loss blamed on your alarm system or alarm services. 
          Here’s another little mess I just thought of.  You don’t give the notice and contract automatically renews.  Let’s make it even more complicated, the customer cancels or you terminate.  But you don’t let the central station know, so the central station keeps monitoring, maybe only for the next day when coincidently a loss occurs.  Let’s say the central station has made a clear mistake.  Let’s go way out on the limb:  the operator calls the house, tells occupant all is well when in fact an intruder has been seen on camera or heard on audio or multiple signals, whatever.  Law suit is brought.  The contract was clearly canceled before the incident. Yet the central station continued to perform; it acted but did not have a contract with the customer in place [which is your contract with the customer]. 
          Have a headache yet?  Well, now consider, what contract is still in place, for sure?  Your contract with the central station, the Dealer Agreement, pursuant to which you have agreed to provide indemnity, even for the central station’s mistakes. 
          You don’t have E&O coverage or your policy requires a contract be in place?  You forgot to name the central station as additional insured to cover your indemnity?  Better call insurance broker Shawn Iverson, or better yet come to his K&K sponsored Group Meeting in Las Vegas to figure out what you need and better get, pronto.
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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.
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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