KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can you compete against ADT’s guarantees / Central station 2020 webinars

July 4, 2020
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Central Station* 2020 webinar series starts July 13, 2020.  K&K will be hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  
You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability
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  *  only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series: 
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AvantGuard Monitoring Centers - July 13, 2020
https://attendee.gotowebinar.com/register/678509033268733199
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UCC – United Central Control - July 14, 2020
https://attendee.gotowebinar.com/register/3503808614443052302
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Rapid Response - July 15, 2020
https://attendee.gotowebinar.com/register/2467263818567576075
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Dispatch Center - July 16, 2020
https://attendee.gotowebinar.com/register/5719660994972167691
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Statewide Central Station - July 17, 2020
https://attendee.gotowebinar.com/register/2654849298360793872 
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Affiliated Monitoring - July 20, 2020
https://attendee.gotowebinar.com/register/6582371903028819982

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Stanley Security Wholesale Monitoring  July 22, 2020
https://attendee.gotowebinar.com/register/1266411303572956432
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Allstate Security Industries Inc – July 23, 2020
https://attendee.gotowebinar.com/register/7997485149440152333

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General Monitoring Services  - July 28, 2020
https://attendee.gotowebinar.com/register/6847800607085109776
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Can you compete against ADT’s guarantees 
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            Good Fourth of July article because ADT’s guarantees are a marketing plan designed, no doubt, to cause a big bang in the alarm industry.  Other than the customary [and required] 3 day cooling off period during which a customer can cancel without penalty, the alarm industry is not known for its willingness to permit early contract termination, for any reason.  Also, with the customary $250 Limitation of Liability [and that applies only if negligence can be established] alarm companies are not known for reimbursing their customers for losses.
            ADT has two guarantees.  First, money back if ADT can’t fix any problems within 6 months of installation.  Second, up to $500 to reimburse the customer for a homeowner’s insurance deductible.  
            What guarantee do you offer that compares to these?  Most likely, none.  How then can you compete?  What can you say when the customer asks you about these guarantees and wants to know why the customer shouldn’t select ADT as its alarm provider?  
            Well, you can probably start with “the guarantees are worthless and meaningless”.  Why?  Read them.  Here’s the first.
            
“ADT 6-MONTH MONEY BACK GUARANTEE: Money Back guarantee only applies after ADT has made attempts to resolve a system related issue and has not been able to resolve that issue within the first six months of your contract. Equipment must be fully removed before a refund will be processes. Conditions prevent normal system operation cannot be caused by the customer.”
            There are three conditions precedent to this guarantee.  ADT has to have made attempts to repair the system within 6 months.  The customer cannot have created conditions that caused the problem and the system must be fully removed.  [not sure who has to remove it – that’s not mentioned in the guarantee].  
            Here’s what happens if you can’t get a system you installed working during the first 6 months, except for customer error or conditions caused by the customer [same as ADT]; you’re in breach of your contract and in breach of your warranties.
            Here’s the second guarantee:
           
 “ADT THEFT PROTECTION GUARANTEE: The Customer presenting ADT with this ORIGINAL CERTIFICATE will be eligible to receive a reimbursement of up to five hundred dollars ($500) of Customer’s homeowner’s insurance deductible (if any) if, and only if, ALL of the following requirements are met to ADT’s reasonable satisfaction: (i) the property loss was the result of a burglary that took place while the security system installed at Customer’s protected premises was in good working order and was “on,” and while all of Customer’s doors and windows were locked; and (ii) the intruder entered the residence through a door, window or other area equipped with an ADT detection device, and such detection device was not “bypassed”; and (iii) Customer is not in any way in default under the ADT Residential Systems Customer’s Order; and (iv) Customer files a written claim with their homeowner’s insurance company, and such claim is not rejected or otherwise contested by the insurer; and (v) Customer reports the burglary loss to the appropriate police department and obtains a written police report; and (vi) Customer provides ADT with copies of the insurance claim report, the police report within sixty (60) days of the property loss and proof of settlement by insurance carrier; and (vii) Customer certifies in writing to ADT (by signing this ORIGINAL CERTIFICATE and presenting it to ADT within sixty [60] days of the property loss) that all of the foregoing requirements have been satisfied. Customer understands that presentation of this ORIGINAL CERTIFICATE signed by Customer is required and understands that ADT reserves the right to reject any application for reimbursement that does not comply with ALL of the requirements. Photocopies or other reproductions of this Certificate will NOT be accepted. By signing below, Customer certifies to ADT that all of the foregoing requirements have been satisfied. Please mail to: ADT Security Services, Account Management Support Center, Attn: Theft Protection Guarantee Claims, 14200 E. Exposition Avenue, Aurora, CO 80012.”
            Here’s what I really think of this one;  there should be a new  “(viii)  when hell freezes over”.  
            Who is going to navigate through the conditions precedent to collect their $500.  I’d like to hear from ADT to find out how many customers who did suffer a loss actually received their reimbursement, say over the next year.  The point is that it’s too little and only after a great deal of time and effort will be required to meet all the conditions for reimbursement.  The guarantee also assumes that there is insurance and a deductible was applied.  
            So these two guarantees appear to me to be ice in the winter.  But who am I to question ADT’s marketing strategy?   If faced with questions from potential or existing customers comparing your services, feel at liberty to express my point of view.  I don’t think these guarantees will be setting any new standards in the alarm industry.
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Central station 2020 webinars
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            You may have noticed, we are hosting webinars titled “Why use our central station?”   This can save you a trip to ISC, West or East, if it’s every held again.  
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and, with some pressing, what you can expect to pay.  The webinars are starting July 13 and the central stations are lining up to participate.  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:  https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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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