KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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what constitutes excessive false alarmsNovember 3, 2017
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what constitutes excessive false alarms
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We get a number of challenges to the Standard Form All in One agreements that are rather common place. We almost expect the challenge. But I was a bit surprised to get a challenge to the provision in the All in One Agreement that permits the alarm company to suspend or terminate monitoring services if there are excessive false alarms or signals.
I think it understandable that the attorney reviewing the contract for the subscriber raised the issue. Presumably the alarm contract had terms favorable to the subscriber and the subscriber's attorney was concerned that the alarm company could use the excessive alarm provision to terminate the contract. This should be our biggest problem with the contracts. The dealer needs the right to suspend monitoring service if excessive signals are coming in to the central station because the central station is going to insist on terminating the monitoring for that account. Dealers may have agreed to be liable to the central station for excessive signals. I recall one panicky call years ago by a central station that was getting run-a-way signals that were tying up an 800 line. Probably not that unique a situation, but one that this central station hadn't experienced, at least to this degree.
So the alarm dealer has to have the ability to suspend or terminate monitoring services for excessive signals; but what are excessive signals? Is it more than a certain number in the span of a certain amount of time? If a signal can come in every 5 seconds that's 12 a minute. Will the central station tolerate that for more than 10 minutes? How long?
I decided I didn't have an answer, so I punted and made it "more than 10 signals in one hour".
How does your central station define "excessive signals"?
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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
516 747 6700
www.KirschenbaumEsq.com
