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 ****************************** when to use Disclosure and Consent to Electronic Communication form April 15, 2025 ******************** when to use Disclosure and Consent to Electronic Communication form ******************** Ken In reviewing the contracts, I was wondering if the Disclosure and Consent to Electronic Communication form included an opt-in for customers with regard to text messages. I assume it would, but wanted to confirm - as more clients are requesting this method. Bobby ************************* Response ************************* The purpose of the Disclosure and Consent form is to permit the delivery of the Contract electronically. The law requires you to delivery a fully executed contract to the consumer [residential contract] once signed, along with the Cancellation Form. With electronic signatures you are not doing that; you are either sending it electronically [by email not likely by text message] or by making it available on a portal, or both. The purpose of the Disclosure is not to add terms to the agreement. Consent to text is found in the All in One agreements in the monitoring paragraph [and maybe elsewhere]. But your text messaging is not to deliver documents you are required by law to delivery, only those documents required by the contract, which is why the contract can specify how and when you deliver it. Texting is permitted for notification purposes in the contract, but not for execution requirements. The Disclosure and Consent form should be used when you are having contracts signed electronically. Electronic contracts are offered by a number of vendors and I don't have any recommendation; however I do believe that DocuSign gives you the form so you don't have to buy if from K&K. I don't know relative cost of the various services. The Disclosure and Consent to Electronic Communication is a separate form you can order from K&K and if updating your contracts be sure to update this as well for your consumer - residential customers. ************************ 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
