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DUNNING BY TEXT  


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Ken
    I was participating in a Mobile Solutions Webinar the other day.  The company promoted its ability to automatically send text messages to the cell phones within Dealer's or individual Subscriber's accounts who may for one reason or another be in arrears on their account. 
    A statement was made sometime during the webinar regarding "consumer privacy act" which protected consumers from companies sending such text messages. I'm not sure how many Dealers or Central Stations have implemented a mobile billing solution however the technology did spark my interest.  Do you know if a Central Station were to implement this and it was strictly B2B and the individuals provide a cell phone number on the application, does the"Consumer Privacy Act" still come into play?   If yes,  is this another agreement or something we can add to the Kirschenbaum Standard Form Central Station Monitoring Agreement?   Then,  if the Central Station were providing billing services for its Dealers and offered this Mobile Billing Service in addition to the normal billing services would the Agreement need to be updated in order to receive permission from the Dealer's Subscriber to send text messages to their cell phone? 
    Thank you for your service to the Alarm Industry!
Keith Canova 
www.centerpointtech.com
a central station listed on The Alarm Exchange under the Central Stations category
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RESPONSE
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    Text messaging is certainly an easy way to communicate, reliable but I'm not sure if receipt is verifiable.  The potential for abuse is apparent and we all get annoying text messages from time to time.  
    The Standard Form Agreements do call for the subscriber's cell phone number.  The central station provision does discuss text messaging communications from the central station.  Though not specifically addressed I believe os whether the alarm company can text message a dunning notice to the subscriber.
    Sending a mass distribution text message to everyone on the call list is another matter.  Without researching whether that practice would violate any federal or state privacy or consumer laws I think it's a bad idea.  Your subscriber has authorized you to text the call list for alarm response, not billing issues.
    On the subject of text messaging I think this is going to be more prevalent.  There are already services offering text messaging to alarm conditions, as stand alone response or in conjunction with professional monitoring services.  SmartTek is one such company [smartteksystems.com], you can read about them on The Alarm Exchange under the Technology and Services that increase or preserve your RMR category, though that service is not designed for collection efforts.
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COLLECTION SUCCESS
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Ken
    Earlier this month, I was able to put the the K&K Commercial All in One to the fire test and it passed the test flawlessly.  I had to take a lady that closed her business after only 4 months of payments to small claims court in Union County, NJ and the judge upheld the Agreement and particularly the Legal Paragraph with the liquidated damage provision.  He awarded New World the full amount of the 80% due on the account.  Now that´s K&K power!
    I also observed how the judge was observing prior cases and made sure not to make the same mistakes the other plaintiffs were making and this also helped in obtaining the judgment. 
John Milián- President
New World Solutions, LLC
Elizabeth, NJ
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RESPONSE
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    So in other words you want to share in the glory of the victory because of your presentation.  Well guess what?  You're entitled to that, especially in Small Claims Court.  How you present your case makes all the difference.  The problem with small claims court is that typically the rules specify that the judge doesn't have to follow the law but can render a decision that reaches "substantial justice".  That means different things to different judges, most of whom are human like the rest of us and have their own pet peeves and biases.  Most however leave their preconceived notions in their chambers and follow the law.  Contract litigation really starts with analysis of the United States Constitution which mandates that no laws should abrogate contracts; judges are supposed to interpret [if there is any ambiguity] and enforce contracts.  Of course we know that since the Constitution was written thousands of consumer laws and regulations have been enacted.  
    The Standard Form Agreements are designed for maximum enforcement.  You might wonder why I would make that statement and how I justify it.  Well, the Standard Form Agreements are written with clarity and simplicity in mind.  Sure I could use more legalize, maybe throw in a few Latin phrases, say in 250 words what can be said in 25, but that's not how I write and it's not the best way to ensure enforcement of alarm contracts, particularly the residential contracts.  
    I want to remind you that my office will handle litigation in NJ as well as other states if you use our Standard Form Agreements.  Contact Jesse Kirschenbaum, Esq. at (516) 747-6700 ext. 317 or Jesse@Kirschenbaumesq.com for assistance.
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