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 ******************************* Challenging alarm fines July 22, 2019 ********************* Challenging alarm fines from July 9, 2019 article ********************* Ken I don't think it's a legitimate process for the entity who is benefitting from the proceeds of the alarm "tax" to also be the entity who has the final say if it's a legitimate false alarm. How does one challenge the accusation when the Police have the final say? Do you think they would ever decide that it WASN'T a false alarm? Do you hire the fox to guard the hen house? Gene *********************** Response *********************** I agree. That’s the flaw with false alarm fines. Just because there isn’t evidence of a break-in doesn’t mean there wasn’t an attempt. Alarm verification has gone a long way to reduce false alarms and alarm fines have probably contributed to verification requirements and efforts. Cameras and other devices serve as excellent verification tools. *********************** more comments *********************** Ken Gene, I understand all that you said. But it brings us back to ‘what is a false alarm’. Nobody has ever sorted this out to the satisfaction of all. Does the drunk that falls asleep unnoticed at the bar, and gets up to leave at 4 a.m. after everyone has gone home, cause a false alarm? Most of the old-school folks have a million stories like this. Obviously the system did not ‘false’. I suppose if you are pocketing the money from the fine (the police) and they get to define a false alarm, it could be anything. Zeke Lay Comtec Oklahoma ********************* Ken. RE: K&K Newsletter7.9.19: false alarm fines challenged in Federal Class action Some of us are confused about alarm industry leadership positions related to legislated controls and false alarm fines/fees. It continues to divide all stakeholders…. support for the traditional public/private partnership, or totally re-set it. If you reject false alarm fines for the customer alarm site; if you reject false alarms fines for private monitoring firms; if you reject permits and registration; if you demand only civil penalties for your unlawful acts; if you mandate fee based private monitoring firms for person-to-person interaction, by rejecting modern free-to-the-citizen communication technologies; if you sell and service RMR customers by promoting the local police as your silent partner; if you expose munis to a dilution of their sovereign immunity; if you continue to by-pass local police administration by influencing the city council; how long can you expect local police to bend 911 rules and protocol just for you; how long can you hide the appearance of collusion; why after over 50 years do we still have the false alarm problem ie, near total error /false, unless they serve as the core of most RMR. (more-- complete list upon request). Some of us believe that alarm industry leadership is carelessly pushing local municipalities toward the trend for VR-Verified Response, ie let private-security be private-security…. re-setting the traditional RMR business models. Lee Jones Support Services Group *********************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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
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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
