automatic renewal provision questions / webinars / ISC private meetings / sign up NMC / Security Central / Dynamark March 24, 2025

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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automatic renewal provision questions / webinars / ISC private meetings / sign up NMC / Security Central / Dynamark
March 24,  2025
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Webinars:  All webinars will be recorded and available on the K&K website at https://www.kirschenbaumesq.com/page/alarm-webinars and are available on Podcasts at https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
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TODAYS WEBINAR
March 24, 2025 noon ET NMC: professional monitoring center
National Monitoring Center: www.nmccentral.com
Presenters:  Tatiana Abramek, Senior Sales Executive with special guest Nicola Oakie, Vice President of Sales, Netwatch North America
Hosted by:  Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Learn about National Monitoring Center’s leading proprietary technology to bring innovative solutions. Contact Tatiana Abramek, Senior Sales Executive, NMC, at 949-877-226 or tabramek@nmccentral.com and Nicola Oakie, Vice President of Sales, Netwatch North America
at 702-816-1974 or noakie@netwatchusa.com
Register Here: https://attendee.gotowebinar.com/register/4188331606419621213
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March 25, 2025 noon ET Security Central: professional monitoring center
Security Central: www.security-central.com
Presenter:  TBD
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Learn about Security Central’s cs operation and why you should have your accounts with us
Register Here: https://attendee.gotowebinar.com/register/3887630569385895772

March 27, 2025 noon ET Dynamark: professional monitoring center
Dynamark: www.dynamarkmonitoring.com
Presenter: Trey Alter, CEO. talter@dynamarkmonitoring.com  301-745-1602
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: The Future of Monitoring: Evolution or Revolution: A look into the changing dynamics of monitoring centers including size, service offerings, technology, and pricing. Also, a special section on how technology is changing the way monitoring centers, dealers, and their customers communicate with one another. Find out how Dynamark has evolved and the investments it is making for the future. Dynamark is hosting dinners in Las Vegas instead of a booth and to participate or arrange visit to either of Dynamark’s monitoring centers contact Trey Alter at 301 745 1602 or talter@dynamarkmonitoring.com.
Register Here: https://attendee.gotowebinar.com/register/4864481779478912605
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Private and Group FREE meeting - schedule now available
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Schedule a free private meeting while at ISC. Meetings will be at the Prestige Lounge at the Palazzo. Time is limited so book now. Contact Kathleen Lampert at 516 747 6700 x 319; for last minute booking or to change appointment while at ISC contact Stacy Spector at 516 987 8428.

Private Meetings with Ken Kirschenbaum, Esq.
Discuss contracts, buying and selling, legal and business issues, disputes, or just come and meet Ken in an informal setting.
Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment
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JUST ADDED:
Private Meetings with Jennifer Kirschenbaum, Esq
Discuss employment and HR law; complex transactional matters, buy-sell when hedge fund or bank lawyers are involved.  Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting.
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Private Meetings with Rory Russell of AFS:
Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting. You can contact Rory direct at 518-366-5111. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Rory. Call Stacy Spector at 516 987 8428. You can reach Rory direct at dealmaker@afssmartfunding.com and the URL: https://www.afssmartfunding.com/sell-your-security-company/
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Private Meetings with Mitch Reitman, President of Reitman Consulting Group Inc. Discuss accounting, tax, due diligence, valuation issues.  Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Mitch. Call Stacy Spector at 516 987 8428. You can reach Mitch at MReitman@Reitman.US or 817-698-9999 ext.101 http://WWW.Reitman.US

Private Meetings with Security America: Security America will be at ISC West – Let’s Talk Insurance. For nearly 20 years, Security America has been bringing affordable rates and top notch coverage for your Professional Liability/General Liability, Excess, Umbrella and Cyber needs. Schedule a one-on-one meeting with Rhett Butler to discuss your insurance needs and how Security America can help. We are ready to help you navigate the best options for your business, offering tailored solutions to protect what matters most. We can even provide indications on-site or you can complete an application in advance at https://securityamericains.com/requestaquote/ . We look forward to seeing you in Vegas!  Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Mitch. Call Stacy Spector at 516 987 8428.
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Group Meetings:  See schedule below. Space limited. Reserve your spot by calling Kathleen Lampert at 516 747 6700 x 319 or Stacy Spector at 516 987 8428.

April 1. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
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April 1. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group
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April 2. Group Meeting: 10:00 am to 11:00 am - "Selecting the best insurance carrier and what is trending with claims"
Learn for yourself the differences of various insurance carriers. Understand why some are better than others. We will discuss what is trending with claims in the security industry and tips to limit your liability when an incident arises. Group meeting conducted by Shawn Iverson of The Insurance Center. You can also meet Shawn at The Insuarance Center booth.
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April 2. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.

April 3. Group Meeting 11am to 12 pm. Buying or selling your security business. Group meeting conducted by Ken Kirschenbaum

automatic renewal provision questions

Ken
   We have questions regarding the FTC automatic renewal provision that is included in the latest K&K Standard Contract Forms. Can you address:
Questions:
   1. Do we have to include these provisions in Texas?
   2. In the instance we have a customer that signs a new 3 year agreement, and they indicate that they do not want to automatically renew, is there any further paperwork needed for the end of the service term? We are thinking best practice, notify 30 days that there is no renewal, but are we legally obligated to do anything further at the end of the term?
   3. In the instance the customer calls us on the phone to indicate that they do not want to automatically renew, what are we obligated to do to document? We don’t record phone calls, but we do log calls, will this suffice or should we get a rider?
   4. In the instance they tell us that they don’t want to renew, but they later change their mind, what is a proper way to document that? Will a rider suffice?
Should is be “Military” or “active military” with permanent change of station for more than 90 days, paperwork?
   5. Should is be “Military” or “active military” with permanent change of station for more than 90 days, paperwork?

Response
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   Compliance with the automatic renewal requirements are probably more important that you might think. What first comes to mind is whether you can hold the subscriber to the extended term for payments, but that's the least important issue in my mind. Of more significance is whether you will be able to enforce the contract when in a renewal term if there is a claim against you and you are looking to rely on the protective provisions of the contract. You don't want to have to face the argument that the contract expired and you were actually providing your service without any written contract.
   The next significant issue is that the state Attorney General may determine that your persistent non-compliance with the automatic renewal provision was so pervasive that you have violated consumer protection statutes,, such as Deceptive Business Practices, and that you should be required to notify all your customers affected by the non-compliance, giving them the option of getting their money back and getting out of the extended term.
   Finally, when it finally becomes time to sell your accounts you'll find that the discerning buyer will either not be interested in the non-compliant accounts or will severely penalize you with a reduced purchase price offer.
   All of this is avoidable. Update your consumer contracts and stop trying to figure out how to circumvent the law; it's easiest to simply comply.
   Here are the answers to the above questions:
   1. yes the FTC law is federal and applies in all states
   2. As far as automatic renewal, the month to month should not be objectionable to any customer. The alternative would be language in the contract that: upon termination of this agreement all services will automatically terminate without any notice by alarm co to subscriber. Subscriber assumes all risk for automatic termination of services and declined the month to month renewal provision as originally drafted. - customer will have to be idiot to go this way - but if it does be sure to cut off service on the exact date - do not provide service without a contract.
   3. you can log a call and you can follow up with confirming email that you retain.
   4. No; make them sign a new updated contract
    5. The language we gave you in the contract is exactly as the law reads; let them figure out how it works
   Scrutinizing the contract language and seeking modification is risky. K&K does not make changes in the contract form without reason, and every provision, including the way it is written, has been carefully drafted. I think your time is better spent growing your business. There's a reason you rely on professionals, including your lawyer.
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - 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.
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WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars
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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