KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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How to effectuate an RMR rate increase / Don't miss today's Webinar / webinar registration - Miami building collapse case
July 26, 2022
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REGISTER NOW FOR TODAY'S WEBINAR.  ONLY THOSE IN ALARM INDUSTRY WILL BE PERMITTED TO ATTEND THIS WEBINAR
Webinar on the Miami building collapse case presented by the fire alarm expert who installed and serviced the fire alarm and evac system.  If you do fire alarms you don’t want to miss this webinar.  Register today.
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Webinar:  Champlain Towers South building collapse / alarm and security issues
When:  July 26, 2022  12PM  ET
Topic:  Hear from the fire alarm expert who serviced the fire alarm system and was intimately involved in the litigation involving Securitas Security.                 Some information that you should be aware of before the presentation:  Florida requires a voice evacuation system that provides speakers in every apartment so there can be floor by floor or building wide communication to evacuate.  This fire alarm system had that system and it was working.  Securitas provided security guards stationed at the building.  When the first fire alarm signal came into the security desk the guard did not determine the cause of the fire alarm or the zone, and did not utilize the evacuation system to alert residents.  Securitas has settled the Plaintiffs case paying over half of the almost one billion dollar settlement.  
Presented by:  Matt Haiman, Premier Alarm Systems – the fire alarm company for Champlain Towers South.  There will be ample opportunity for Q&A. 
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  Alarm owners installing and servicing fire alarm systems
Register:  https://attendee.gotowebinar.com/register/6851622525896222987
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How to effectuate an RMR rate increase
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Ken,
          I hope all is well with you.  I searched the article archive and did not see the answers to the following:
          When we raise our monitoring rates from time to time, are there any legal parameters we need to abide?  For example, is there a minimum notice timeframe?  Is email or mail required or preferred?  Can we notify on our billing statement as a special note to the customer? 
          What have you seen as a best practice concerning communications about the rate increase?  We have some older contracts that are not K&K that require 30 days’ notice. 
          I just want to be in compliance with both agreements.  I know that you cannot answer for non-K&K agreements but just wanted to double check on thoughts.
 Anonymous
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Response
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          The Standard Form Agreements are very clear on the rate increase.  The All in One agreements provide for up to 9% increase on recurring charges each year.  More importantly, the subscriber agrees to pay the increase.  There is no notice requirement; no consent requirement; no options. 
          Make sure you don’t exceed the 9% increase in any one year unless the increase is due to a pass-through charge that is separate from the RMR increase. 
          As for contracts that I have not written [at least not in the last 25 years] or contracts that have been modified, you need to comply with the contract provisions dealing with increases, if there are any.  There may be provisions that limit increases and also address notice to the subscriber.  What is see from time to time is non-compliance with these provisions and a subscriber refusing to pay and in some cases declaring the alarm company in breach of contract.  All I can say about that is, serves you right for not reading and complying with your contract terms and even more so, for not updating your contracts to Kirschenbaum Contracts™.
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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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