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 ****************************** Customers using fake names on contract May 27, 2024 ************************** Customers using fake names on contract ************************** Ken We do a lot of integrations for dealers and monitoring stations for IoT devices. End-users typically buy the devices online and sign up for monitoring on the internet without speaking to any company representative. Included in the signup process is the legal contractual language provided, hopefully from you. The problem is that often the subscriber will use a fictitious name on the agreement part of the document. We do capture the IP address and location information as part of the process. But there is concern that because of the fictitious name and possible address, the contract is not valid and the dealer is open to liability claims. The process also does capture payment information which is validated, but the payer may not be the actual user. Do you offer any means that companies can protect their company? Regards Mark S. Fischer mfischer@systemssupportspecialists.com 516-384-6064 ****************************** Response ****************************** Unfortunately “fake” names are used on alarm contracts all too frequently. This happens when the subscriber’s name is abbreviated, condensed or a trade name rather than legal name is used. Try suing Joe’s Furniture Store, and try collecting if you do get a judgement, if the name of the entity you should sued is JFS Mystery Corp. At the very least you’ll have a lot of explaining to do as you navigate through the court system and then seek enforcement through the Sheriff. Individuals can also use alias, assumed names or as you put it, fictitious or fake names. Technically someone signing using a fake name would then be personally liable on the contract, though you still have to identify the person who signed. This issue is more likely to arise when the alarm company seeking to enforce the contract sues on the contract; it will need to figure out the proper party, which may be difficult or impossible. But a person seeking to sue the alarm company, and I think that is what you are most concerned about – the alarm company’s liability exposure- presents different issues because the party suing the alarm company would need to either claim they were the person who signed the contract using a fake name, in which event the person would be bound by the contract, or will have to explain why that person is seeking to enforce a contract that wasn’t signed or authorized to be signed by that person. A person claiming a right under the contract who also claims not having signed that contract would have somewhat contradictory positions. If Jack Jones makes an on-line purchase, claims to be Jack Jones and uses Jack Jones’ credit card, either that person is Jack Jones, known perhaps by another name, or is going to be liable on the contract, though the real Jack Jones would not be liable, and would also not likely be making claims against the alarm company for any benefit under the contract. The bottom line is, be careful, know who you are doing business with and try and get some specify identifying information so the person can be identified. Requiring a copy of a driver’s license or other government issued ID would also be helpful. ******************** 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
