KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Comments on Dogs on customer premises / automatic renewal class action lawsuit February 1, 2025 ********************************* Comments on Dogs on customer premises from article on January 16, 2025 ********************************* Ken Just came from an Ohio OSHA update class this AM. On the dog bite if the Doctor recommends a Tetanus Shot that would not be recorded on the OSHA report because it would be a preventative measure. If however stitches are required then that would be a recorded incident. You need to have an OSHA representative to refer questions to because THE ANSWERS CAN BE DIFFERENT if the employee is covered 1.) under Public Employee rules or under OSHA 2.) the number employees in either category - Public -5 or less employees(PPERS) are exempt and 10 or less is exempt under OSHA and things get more complicated from there! I should add like in law and taxes a simple straight forward question a reply always starts with "IT DEPENDS"! name withheld ***************************************** Another comment **************************************** Ken: In reading the latest KenBlog, this brought back memories of our panic stricken installation crew called our GOM as the homeowner had left and on the way out stated that ‘if the baby starts to cry just rock her’. We IMMEDIATELY tracked down the homeowner and informed her the Police were on the way and we were leaving the home once they arrived! She was freaked out after hearing the Police were on the way as she informed our people ‘well I trust your company’ and we FIRMLY told her that was NOT part of our duties! So, some people will do silly things not thinking! OR as Jack Reacher stated to the ‘punk’ – YOU OUGHT TO TRY THINKING SOME TIME! Respectfully, Joseph (Joe) Pfefer, President & Founder Jade Alarm Co ************************************ Another comment **************************************** Ken We are not concerned about dog bites but we have a company policy of not entering a residence only occupied by an underage child, male or female. If you think a dog bite is serious imagine an accusation that your tech was inappropriate or worse, with a child. There have been instances where a teenage daughter came on to a tech who refused to participate and later was accused of coming on to the daughter. Good luck denying that. It can occur with the lady of the house. We have literally come up with scenarios for our techs to use if faced with that problem. "I am so sorry & I am grateful that you find me attractive but as a child, I had an accident that left me impotent. I am so sorry." Stan Corn, Alarms, Inc. **************************************** Response *************************************** That’s a smart policy *************************************** Comments on Class action lawsuit regarding automatic renewal clause from article on January 15, 2025 ************************************ Ken Interesting, so it seems the Automatic Contract Renewal claim survived because it was not clear and concise. What happens in the event a contract was executed prior to the Illinois general assembly amending the definition in 2024? Do new contracts need to be signed if they did not meet the definition of clear and concise or do you simply need to allow the subscriber to exit the agreement through any means? In the alarm industry in today’s day and age of information theft it would be somewhat easy to cancel one’s alarm via phone for nefarious purposes and an alarm company should enforce the in writing. Also did plaintiff have an obligation to mitigate damages, he could have simply cancelled his bank debit account or notified the bank to disallow the charges. If you publish, please don’t include my name as I have found that your emails come up online when searching certain topic Anon *************************************** Another comment ************************************ Ken As a long time reader, I was interested in your article on automatic renewal. However, after reading I have become permanently cross-eyed. How do the legal eagles do this? While the article was imminently interesting, who can I sue for damages? Zeke Lay Comtec Oklahoma **************************************** Response **************************************** You can’t sue anyone on your own because the damages aren’t enough. However when hundreds or thousands sign on together in a class action the lawyers get paid their legal fees, sometimes on top of the damage recovery. The lawyers make big fees and the class members get a coupon, credit or typically a nominal monetary share. In mass tort cases against drug companies the damages can be very significant for the class members. Reviewing contracts is tedious and writing the contracts even more tedious. It takes a skilled dedicated attorney with years of experience. Lucky for you and others you know one. BTW, if the FTC rules sticks you need to be using updated contracts. The K&K contracts were updated to comply with the automatic renewal rule that went into effect January 1, 2025. To quote from one of the more obnoxious commercials on TV “avoid delay and future regret” …. update your contracts now. You need to be using 2025 contracts. ************************************ STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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