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 white list ken@kirschenbaumesq.com ****************************** Panic sets in as 3G shutdown nears / webinar today February 9, 2022 ******************** Webinars: ***************** Webinar Title: Specialized financing techniques for the Security Alarm Industry When: Wednesday, February 9, 2022, at 12:00PM Eastern time Topic Details: Financing option to grow equity without selling RMR accounts and no chargebacks, holdbacks, Recourse or Risk Presented by: Tony Smith, President of Security Funding Associates (SFA) Hosted by: Ken Kirschenbaum,Esq., Who should attend: Company owners and CFOs Register here: https://attendee.gotowebinar.com/register/8814691682009291276 ******************* Webinar Title: what's new in the 2022 updated contracts When: February 15, 2022, at 12:00PM Eastern time Topic Details: most important updates in the 2022 contracts Presented by: Ken Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum Who should attend: Company owners, CEOs, Managers, sales personnel Register here: https://attendee.gotowebinar.com/register/1716607451924079886 ********************* Webinar Title: why use Disclaimer Notice and join Concierge Program When: February 16, 2022, at 12:00PM Eastern time Topic Details: when, how and why to use Disclaimer Notice / why you should join Concierge Program Presented by: Ken Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum Who should attend: Company owners, CEOs, Managers, sales personnel Register here: https://attendee.gotowebinar.com/register/7741884992648350732 ********************** Webinar Title: common legal issues in buy-sell deals When: February 22, 2022, at 12:00PM Eastern time Topic Details: common issues to consider in smaller buy-sell transactions Presented by: Jesse Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum Who should attend: Company owners, CEOs, CFOs Register here: https://attendee.gotowebinar.com/register/1255265567049106699 ********************* Webinar Title: issues buying or selling alarm company and broker's roll When: February 24, 2022, at 12:00 PM Eastern time Topic Details: How to prepare for negotiations and what to expect Presented by: Ron Davis and Kelly Bond of Davis Mergers & Acquisitions Group Who should attend: Company owners, CEOs, CFOs Register here: https://attendee.gotowebinar.com/register/2395407448165624590 ******************** Panic sets in as 3G shut down nears ******************** Ken, On Feb 22, 2022 AT&T shuts down their 3G network. We have been upgrading most of our customers, but some of them simply refuse / don’t want an upgrade. Should we have them sign some sort of letter stating they don’t desire to upgrade or send them a letter that they have declined the radio and know they will be without any form of communication; their system will be a “local” only – NO Dispatch? Or are we good without any notice? Also, what about charging for monitoring for those customers who still have months on their contracts? Thanks, Name withheld ********************** Response ********************** If you don’t use Kirschenbaum Contract™ vintage circa 2018 or later the answer may not apply to you; you need to check your contract to see what your obligations are. If you do have a Standard Form Agreement then you likely have an All in One that obligates the customer to * maintain communication service * pay to replace obsolete equipment * notify you if the system needs repair * requires continued payment for monitoring Whatever contract you use you will ultimately be held to a “reasonable man” standard, so you need to make an effort to communicate with your customer and change the radio or make it crystal clear that the alarm no longer communicates. The above question paints a very unlikely scenario because on the one hand the customer is not communicating and on the other hand the alarm company hopes to get a writing from the customer that the customer declines to upgrade the radio and understands the alarm is now local only. The writing you would use is already on your desk, it’s the Disclaimer Notice. While the Disclaimer Notice is designed to be used at time of contract, when the design of the system and scope of work and service is being discussed and agreed to, the Disclaimer Notice is the perfect form for this scenario [and any scenario where the customer declines to repair the system]. The obvious problem is that if the customer isn’t communicating regarding the radio upgrade it’s not likely you’re going to be able to get a Disclaimer Notice signed or any writing at all signed by the customer. So you need to take reasonable measures to communicate with the customer regarding the radio communication issue. Here are a few ideas: * send email if you have it, using the receipt feature * send letter by regular mail, mark the envelope with this notice: Do Not Forward, Return to Sender. Be certain who ever sends the letter in your office completes and signs a statement [affidavit if possible] that the customer was mailed the notice. * send customer a text and try and preserve it if possible * have a tech stop by to do the service call and invoice the customer for trying; leave a notice that you were there and why * if you can access the panel remotely change the read-out to say “no monitoring available, call for service” or something to that effect Why are you going to all this effort? Two reasons: 1. You want your customer to be protected. A loss suffered by the customer attributable to failure to communicate a signal could result in a lawsuit. The more severe the damage the more you are at risk. In any case the customer will be annoyed that you didn’t upgrade the radio and will find a way to blame you, no matter how you tried to reach out. 2. You want to continue billing for monitoring, which you’re entitled to do because the customer is obligated to maintain the system and communication pathway. Of course your customer may not see it this way, and neither may a judge. You’ve had a long time to deal with the radio upgrade, and waiting until the last minute is certainly going to reflect poorly on you, again depending on your efforts to reach out to the customer and maybe more significantly, depending on what damage the customer suffered. Bad facts make for bad law. Don’t be the poster child for the alarm industry on what not to do. ******************** 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. *********************** 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
