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Special ISC Contract Sale this week / Automatic renewal legislation has alarm industry on high alert
March 27, 2023
Special Contract Sale this week – available to everyone using code below
When's the sale?  Place your order now through Friday March 31.
Orders received starting now through March 31 will be discounted 10%.  If you're a Concierge Client [and you should be for lots of reasons] you get another 10% [that's 20% total].  CODE:  ISC.  Just add ISC to your company name so we know to apply the discount.
  These are 2023 updates with the most current changes.  
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Automatic renewal legislation has alarm industry on high alert
          1, For dealers that have subscribers and wholesale monitoring centers that have dealers that have an initial term and then drop into a month to month relationship , how do you manage that or can you?
          2, if the initial term is month to month how do you structure that scenario.
     Thanks in advance for all you do.
Morgan Hertel, VP
Rapid Response Monitoring
 Another comment
From ESA Weekly Legislative Update March 20, 2023
Restrictions on automatic contract renewals have begun popping up in legislatures around the country. So far, Nebraska, Illinois, Rhode Island, and now New York have bills that would require integrators to notify their customers that their contract is about to renew even if they are on a month-to-month contract.
Another comment
The IESA Board of Directors want you to be aware of two bills that may affect our industry. HB 3478 AUTOMATIC CONTRACT RENEWAL and SB 328 AUTOMATIC CONTRACT RENEWAL.  Click on the links to read the full text of the bills. 
          Our board of directors are working closely with our lobbyist and will provide more information is it become available. Please watch your email for important updates. 
Please feel free to contact me with any questions or comments.  
All my best, 
Shirlanne Lemm
Executive Director  IESA
          If you are using Kirschenbaum Contracts™ you don’t have to panic; in fact you don’t have to do anything new. 
          First of all I am not sure the ESA announcement is accurate because I haven’t seen any automatic renewal statute or proposed legislation that would require notice if the contract renews month to month.  These laws may require conspicuous notice in the contract and provide information on cancelation, but giving notice of renewal on a month to month basis is not in any automatic renewal law I have seen.  If anyone knows of one, kindly send it.
          The Standard Form Agreements have always been an initial term and then month to month automatic renewal, so that the customer can cancel on a month’s notice.  If a state has a conspicuous notice requirement or other requirements then the Standard Form Agreement for that state is customized to comply with the statute.
          Even in states that don’t have automatic renewal laws the Standard Form Agreements anticipated and planned for possible future automatic renewal laws by providing for month to month renewal.  All automatic renewal laws that I am aware of exclude month to month renewal from any notice requirement.  When I refer to the notice requirement I am referring to a separate notice that you would have to give when the initial term is about to expire.  I am not referring to the notice requirement that goes in the contract to alert the customer to the automatic renewal provision.  When you get the Kirschenbaum Contract it should comply with any existing automatic renewal law regarding conspicious notice.
          I don’t know of any alarm companies that actually give notice of renewal as required, and most likely that’s because I deal primarily with alarm companies who are using the Standard Form Agreements and no notice is therefore required.
          If you are required to give a notice, and you don’t, your failure to comply with the automatic renewal law can have severe consequences.
  *  a buyer of your accounts may exclude the accounts
  *  a buyer of the accounts may offer a steep discount for these contracts
  *  you won’t be able to enforce the contract for collection
  *  you may not be able to rely on the contract for protection if sued
  *  you may run afoul of your state’s deceptive business practice law and catch hell from the state’s Attorney General
  *  you might run afoul your state’s licensing agency putting your license at risk.
          But hey, all the above may be worth it; after all you saved money by not buying proper contracts and renewing them every few years. If that's you then you should check out the top of this email for the sale going on right now.  Your mistakes of the past don't need to be continued or repeated.

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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