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competition or tortious interference 
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Ken,
    Have you had other alarm companies ask you what course of action they can take when a Comcast technician is at one of our customers' homes and, while our customer is talking to us, they are telling her in the back ground that our equipment has never worked and was never hooked up correctly?
    Is there any course for defamation or slander, or predatory practices type of suit? Our customer was furious with the Comcast guy. She has been a customer of ours for twenty years and knows our system does work.
Thanks
Keith Randall NICET III
Owner/President
Superior Alarm & Electronics High Country
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Response
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    I can't recall any complaints about Comcast, but I do get plenty of calls from irate alarm company owners complaining that either cable or mass marketing, often door knocker, operations are doing their best to steal accounts, often using improper methods.
    There is a line, and it's not really a fine line, between competition and tortious interference with contractual relationships.  Just like there is a line between common puffery and degrogatory comments that cross the line and constitute defamation.  
    A cable tech gets foot in the door because he's there to work on TV or phone, and takes the opportunity to try and sell alarm monitoring or upgrade the alarm system.  It's one thing to ask if the subscriber is happy with the existing system and services, it's another to disarm it while there or try and convince the subscriber that it doesn't work properly and security is at risk.  Assuming that's not the case.  [truth is a defense to a defamation action].  
    Some would say that if a tech sees an alarm system he should know better than to talk about it or make any pitch at all to take over the alarm services, and that any effort at all gives rise to an action for tortious interference if the subscriber cancels the existing contract for alarm services.  I think the interaction between the tech and subscriber needs to be more than a mere inquiry and offer to provide the same service, and I don't think the tech needs to investigate or inquire about existing contracts.  
    If you lose an account to a cable provider or competitor the first move is to pursue your former subscriber for the balance of the contract.  If you lose too many, more than your historical attrition, or more than you can sit back and tolerate, you can contact the competitor and see if you can convince it to respect bounderies.  If not, investigate how the take over pitches are made.   In the above question the subscriber actually got on the phone with its existing alarm company while the tech was in the house making the pitch.  That's rare.  Don't expect getting to much information or cooperation from your subscriber - either the ones who left or even the ones who stay.  They really aren't interested getting involved in your business or disputes.  It makes tortious interference actions all that more difficult.  Sure you can draft up a complaint with the necessary allegations, but proving them at trial may prove difficult.  You're not going to scare a big company by starting an action; it's pockets are deeper than yours.  If it's small company against small company then just be careful that the lawyers don't own your respective businesses before the action is resolved.
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CO monitor response
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Hi Ken,
    For Joe Pfefer of Jade Alarm who is looking for a CO monitor for his technicians to use on service calls, here is the answer. 
    He can go to COExperts.com and purchase a Low Level CO Health Monitor that will give instantaneous readings of 7PPM to 50PPM. They are battery powered with a 5 year life.  His technicians can wear these monitors and his company can sell them to clients to protect them from low level CO poisoning. Cheap, consumer grade, UL Listed detectors alarm only at high levels and only after several hours of continuous exposure. UL Listed detectors are NOT allowed to display or alarm at low levels even though OSHA sets limits of 25PPM for an 8 hour period for workers. I have sold these detectors for years with many happy, and safe, clients. These Low Level CO Health Monitors are sold to the public ONLY through professionals.
Dave Easley
Black Forest Home Security Systems
Colorado Springs, CO
mail@BFHSS.com
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    Thanks to the young, but rapidly growing Colorado Springs C O "Task Force", [which all of you should join], your City has rapidly become one of our Nations most C O AWARE CITIES.
[however, THE LAST I HEARD, Colorado WAS STILL USING THE OLD OSHA, 50 PPM TWA 8 hours. ONLY CALIF., CAL-OSHA was enforcing 25, and VT & N H are at 35 PPM.
    My new Model 2015 is being sold to Licensed Contractor's and Approved Agencies / Training Groups.
    Here is my current PRICE LIST:
    Model 2015 Low Level C O “Health” Monitors
                               Contractors Price List
                       Suggested Consumer Price $249.00  
                                   Effective July 01, 2014              
 
1 to 19  _________ $159.00 
20 pack  _________ $119.00
40 pack ___________ $99.00
Full Case, 80,  _______ $89.00    
 
WE DO NOT TAKE CREDIT CARDS
ALL ORDERS UNDER 3,000 SHIPPED IN 24 WORKING HOURS
Send all orders to: FAX: 888-436-5377 OR VIA Email to:
Coexpert101@yahoo.com        www.coexperts.com
Make checks payable to: C O – Experts, 19299 Katrina Lane
Eldridge, MO  65463-9102   USA
 
George E. Kerr, CEO / Founder
C O - Experts
coexpert101@yahoo.com
www.coexperts.com
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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                                            Speaking Engagements
If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.

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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY.  This is the NYS Electronic Security Assoc annual meeting.  Presentation on updated contracts and current legal issues will be at 10:30 AM.  For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301  dalereller@itzsolutions.com
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Texas Burglar and Fire Alarm Association.  October 1 - 4, 2014,  annual convention at San Luis Resort Spa & Conference Center, Galveston, TX.  Register here:  http://tbfaa.org/tbfaa-2014-convention-trade-show-attendee-registration/
For more info contact Debi at 281-859-4569.  Brad Shipp, Executive Director
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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