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 ****************************** how are you permitted to communicate with customer July 5, 2025 *********************** how are you permitted to communicate with customer *********************** Ken Do you know if the current contracts include any provisions for client consent to receive text messages from us? Thanks, Jill *********************** Response *********************** This is an important question because what you are allowed to do, what you are required to do and what perhaps you shouldn't do, is something that the contract between you and the customer should address. How you communicate with the customer is only one of the many issues that come up. Without a clear agreement how parties to the contract are to communicate with each other you are left with guess work, and what you are guessing is whether a judge will ultimately agree that you chose an acceptable way to communicate. While this might sound simple enough, it can become complicated quickly. How so? * A message that has some urgency that is sent by mail may not be timely enough * A message you think important enough to warrant proof of delivery, such as Certified Mail, Return Receipt Requested, or overnight delivery with Signature Required, may never be accepted by the recipient and a judge may conclude that that method was actually not the best, most efficient or even acceptable way to communicate your message. * An email to an account that is read once a day may not be timely. * A text in the middle of the night, or any time, might be irritating to the customer, particularly if your purpose crosses the line from communication to harassment. Sure, your text could be blocked, but there might actually be something important in the message. Many clients have a penchant for Certified Mail. I happen to think it an ineffective and unnecessary way to communicate; no agreement I draft or approve has a requirement for certified mail. For me, certified mail should go the way of a telegram. Email and text are reliable enough, though I confess I don't know how to "save" a text, but I know it can be done. Emails are my preferred way except in exigent circumstances when a phone call or text is warranted. The Kirschenbaum Contracts TM have two provisions addressing communication. The first is in the Monitoring paragraph: "Unless otherwise provided in the Call List ALARM COMPANY will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text, or email message." The other provision is found in the Legal paragraph: "ALARM COMPANY is authorized to notify Subscriber by email, First Class Mail delivered by the US Postal Service, or text message to Subscriber’s cell phone." If you don't have a Kirschenbaum Contract TM, or your version is from before cell phones [yes there are bunch of you out there] I suggest you check your contract for how you communicate with customers. Better advice, update your contracts today. ******************* STANDARD FORM AGREEMENTS: To order up to date Standard Form 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
