*********************
Follow up on Alarm Co wins dicey lawsuit from June 5, 2014 article
*******************
Ken
In reference to “Alarm Co wins dicey lawsuit”:
I can hardly believe some of the stories I read about the practices of some alarm companies. Besides covering our butts with good contracts, how do we (legitimate, law abiding, code compliant alarm companies) get these types of companies out of this industry? These stories seem to be ongoing with no end in sight!
Rodney Stamps, SET. President
STAMPSCO, Inc.
****************************
Ken
with regard to “Alarm CO wins dicey law suit”
A few immediate observations - I find it interesting that the central station data base “had the incorrect subscribers address” but their billing department had the proper address - and managed to get their invoices paid ?
What ever happened to the slimy, original installing alarm company - was any consumer fraud charges ever failed.
Finally, when the central station was “assigned this contract” and they had to “pay for it” didn’t anyone at the central station question that the name of the alarm company on the contract didn’t match who they were paying.
Jonathan
System One
***********************
Response
***********************
The billing records were apparently different than what was programmed at the central station. The installing company disappeared. How the contract got assigned without noticing the different name is also a mystery, though the names were similar.
************************
Question on Soliciting
************************
Ken,
Huge fan of the news letter, and I use several of your contracts. I have an interesting question.
Here is the scenario. I have a customer who is currently under contract with another company for security alarm monitoring and service. This competitor does not provide fire alarm monitoring. My customer is signing up for fire alarm monitoring and inspections with our company and wants to consolidate all services with one vendor.
The customer has a 3 year contract term left with the other company, but to facilitate this deal, we have agreed to cover the monitoring of the security for the remaining term of contract and the customer can just buy out the old contract.
Question, is this "tortious interference" by our company or is this fulfilling the contract by the customer?
KO
**************************
Answer
**************************
You don't explain how this customer came to you and became "My customer". How that came about could influence my answer. But since the competitor doesn't do fire alarm monitoring and the subscriber needs that done it may have reached out to you. It's desire to do business with just one alarm company is reasonable. Unless you did something improper to induce a breach of the existing contract you have no liability [doesn't mean you can't get sued). Your agreement with the subscriber to cover the monitoring charges by the competitor most likely doesn't get you off the hook, if you're on the hook. It might mitigate damages, and in this single instance may not be enough to cause a lawsuit, but if you bring the argument to logical extension where you induce many competitor's accounts to switch to you and you pay off the contract charges, you may very well be charged with inducing breach of contract. Arguably those accounts are worth more to the competitor than the remaining contract payments.
Anyhow, in your case it doesn't sound like you induced breach. You offer more than the competitor and the subscriber decided it likes you better or wants to consolidate its alarm services to a single vendor.
*************************
Opportunity for Sponsors -event Broadmoor Hotel, Colorado Springs Oct 2014
*************************
There are still a few opportunities to participate as a sponsor at the Electronic Security Technology Summit in October 2014. As a sponsor you will get to have presentation time, participate on panel discussions, help select attendees for the event, assist in matching attendees who want to do business with you and are looking forward to the private meetings that will be hosted and arranged. All of this takes place in the intimate setting of the Summit Event at the Broadmoor Hotel in Colorado Springs. You will have plenty of face time with potential customer, any one of which will justify the economics of sponsoring the event. Cost of sponsorship various. This is ideal for a central station, insurance program, manufacturer. I'll be happy to participate in a presentation or panel discussion educates the attendees. Take advantage of this event to meet over 80 eager and attentive owner/CEO/president attendees who are taking their time to meet with you because they want to. Besides the social setting and events they are all there to do business. Just a few sponsorships available so contact David Pagano or Alex Quirin today: david.pagano@aspsummits.com or alex.quirin@aspsummits.com or 786.999.9738 www.aspsummits.com
*****************************
TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
**************************************************
Speaking Engagements
************************************************
*******************
Quick Response Dealer and Integrator Information and Technical Conference. July 15 -16, 2014 at Holiday Inn - Independence Ohio. All alarm dealers are invited. For more information, schedule and to RSVP contact Margie or Renee at reneet@quickresponse.net or call Margie/Renee at 800 462 5353 www.quickresponse.net
***************************
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/
********************
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
**********************
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
*********************
Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
**********************