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 ****************************** competitor taking over my accounts /schedule meeting at ISC February 27, 2026 **************************** schedule meeting at ISC ***************************** You should have planned your trip to Las Vegas for the ISC West 2026 show; hopefully you have time to spend and meet with your attorney. I'll be at the Palazzo scheduling meetings at the Prestige Lounge. To book time for free consult contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. ************************** competitor taking over my accounts *************************** Ken: It's only 3 so far, but a company here in town has slowly been taking over some of my accounts. I do have contracts with these customer. They are all friends of mine, but I want to stop this company from inducing them to break their contract. Does it matter if the salesman for that company knows they had a contract or not? name withheld *************************** Response *************************** You have several options, none of which are particularly appealing. * You can sue your competitor for tortious interference of contract * You can sue any customer who breaches their contract with you * You can complain to the licensing board and your state's attorney general or consumer of affairs [none of which is likely to help but you may assuage your anger * You can target your competitor's customers in retaliation When its your former employee competing against you hopefully you will have an Employment Agreement to rely on. K&K's Litigation Department would be quick to notify the former employee that he is in breach of the Employment Agreement and we will pursue damages if the carnage doesn't cease immediately; Injunctive relief is available. Without a contract however the chances of success diminish. Competitors do have the right to compete as long as they do not engage in offensive conduct, essentially using unfair or deceptive practices to induce your customers to switch to them. Complaining that you're out of business, convicted criminal, use obsolete parts, etc, a competitor can solicit your customers. Unless it's abundantly clear that the customer is under contract with you the competitor need not inquire if there is a contract. It's not enough that "it's common knowledge that all alarm companies use contracts". First of all, they don't and they also don't use the same contract and some of the contracts they do use isn't worth the paper it's written on; it won't be enforceable and it won't establish a property right that you can use to claim your contract [property] was tortiously induced to end its relationship with you. You can and should pursue a breach of contract claim against the customer; K&K's Collection Department can help with that if you use K&K Contracts. Perhaps the best way to hold onto your customers, to thwart off solicitation of competitors, is to maintain communication with your customers and provide superior services. ************************ 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
