KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on dumping late paying customer / on CS demanding exclusivity / fire alarm on line reporting service
November 17, 2021
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Fighting on line reporting service
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Ken,
          Has any fire protection companies been successful in fighting the implementation of the online reporting services for a fee in any of their states or respective areas? Anyone have any feedback on it??
 
Anonymous
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Response
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          I haven’t heard anything about this.  Can anyone comment?
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Comment on dumping constantly paying customer from November 9, 2021
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Ken
          "I’ve had this customer for four years and he is consistently late with paying"
If they are consistent I'd love to have that customer for the next several years.  That is too funny!!
Gary Abel
Firetex Security System
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Response
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          I am sure that most alarm dealers would agree with you.  But sometimes something or someone rubs you the wrong way and you get tired of being ignored, abused, taken advantage of, disrespected and resorting to begging for what’s owed to you.  I get it.  Remember, you do have a choice.  My favorite client, may he rest in peace, took no crap and if a customer looked sideways the contract ended up on my desk.  This client realized that while it’s great having the customer and the RMR, it wasn’t so bad collecting the balance of the contract.  In those days it was 100%, now it’s 80%.  If you can’t take it anymore, send the account to K&K’s Collection Department; contact Kathleen Lampert at KLampert@Kirschenbaumesq.com or 516 747 6700 x 319.  Tell her you’re tired of feeling like a chump and you want your money.
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Comment on can central station demand exclusivity from article on November 10, 2021
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Ken
          Can central station demand exclusivity?
LOL, x 100,000,000,000,000.69
How are they going to know anyway..?
A-non-a-moose
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Response
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          How would they know?  That’s an interesting question.  Maybe the question should be why would the central station expect anyone to honor that contractual commitment? Maybe the next question should be why would the central station expect any dealer to have that kind of integrity?
          If you’ve agreed to exclusivity then you should abide by that contract provision.  You should honor all your contractual obligations, but maybe that’s just how I roll. 
Central stations talk to each other; so do other dealers.  Are you going to operate with this dark secret that you’re in breach of your central station Dealer Agreement because you’ve spread out your accounts?  What if that Dealer Agreement actually has some teeth in it if you breach the agreement, such as rate increase or immediate termination of monitoring? 
          Here’s a better idea.  Before you agree to sign a central station Dealer Agreement get the Rider to Dealer Agreement.  Its $500 bucks and it’s got everything you need to even out the Dealer Agreement.  Even if the central station won’t agree to one or more items at least you will know about it; the issue won’t be buried in the fine print.  If you’re agreeing to get your head chopped off at least you should have your eyes wide open.
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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