KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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stuck in marketing contract / Sign up for private and group meetings at ISC
March 16, 2026
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Spots and time running out: schedule FREE Private or attend Group meeting at ISC
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Time slots are booking up for the ISC West 2026 meetings. Schedule private meeting with Ken Kirschenbaum, Rory Russell, MItch Reitman or Shawn Iverson Ken, Mitch and Rory will meet at the Prestige Lounge; Shawn will meet at the Insurance Center booth number 28095 on the ISC floor.
Ken Kirschenbaum is available for private meetings Tues - Thursday 10am to 4pm.
To book time for private free consult or register for a Group Meeting contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
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Group Meetings: Call Kathleen to register. Yes, it's free!!!!
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Tuesday 2 pm to 3 PM
Is it time to update your contracts and other issues you should be concerned about. Hosted by Ken Kirschenbaum
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Wednesday: 10 am to11 am
Selling or buying a business
Selling your alarm, fire and integration business. Small to large transactions. Selling Fire Protection accounts. By Rory Russell and Ken Kirschenbaum
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Wednesday: 1 pm to 2 pm
What's on your mind. Open meeting to discuss what's important to you. Hosted by Ken Kirschenbaum
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Wednesday: 2 pm to 3 PM
The One Big Beautiful Bill (OBBB) and what it means for alarm company owners and their employees The OBBB was signed into law on July 4th 2025. It is hundreds of pages long and deals with various subjects, but it does contain some provisions which are very beneficial to owners of alarm companies. Mitch Reitman has read the entire Bill and can tell you what you need to know and what you can still do get the maximum benefit on your 2025 tax return. Hosted by Mitch Reitman
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Thursday: 10 am to 11am
Best options for E&O and other insurance needed by your industry. Hosted by Shawn Iverson, CIC, The Insurance Center, 1741 North 2000 West, Ogden, UT 84404, 801-622-2626
www.InsuranceCenterUT.com
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Thursday: 1pm to 2pm
Which accounts bring the highest multiples on sale; how to position yourself to maximize the value of your alarm / integration business. Hosted by Ken Kirschenbaum
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stuck in marketing contract
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Ken,
My question is not directly related to the security industry, but I hope you might still be able to shed some light on what options I might have regarding a marketing contract. We are a Concierge Client.
Since June 2025 we have been contracted with a marketing company to manage our Facebook ads. While they have delivered a high volume of leads, the interest has been extremely low, resulting in zero conversions.
My primary concern is a breach of the "Work Performed" section of our agreement. I requested specific technical optimizations—specifically ad targeting, filters, and Meta’s CAPI setup—and was assured in writing that these were implemented. I have since confirmed that these changes were never made. Section 1 of our contract explicitly mandates "Configuration of META advertising campaign," "Managing and researching target groups," and "Campaign optimization".
Because I was directly misled regarding these setup steps, we have wasted a significant amount of ad spend (which the contract requires us to fund at a minimum of $33/day) on unoptimized traffic. Plus we invested over $12,000 start up charge and almost $1200 a month since inception of the contract.
In your experience, is it worth pursuing a refund or damages based on this misrepresentation and breach of performance, or should we just write this off as a lesson learned? I have documented the specific requests and their false confirmations.
BTW, we will be at ISC west and I hope to meet in person while there. See you in Vegas.
Thanks,
Brian
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Response
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You've taken a significant hit, as well as wasted a good deal of time and effort. If you can prove with expert testimony that the marketing company failed to furnish "specific technical optimizations—specifically ad targeting, filters, and Meta’s CAPI setup" and you can prove that that failure was the proximate cause of the lack of response for business, you can prevail in your case. Proving the business you didn't get is going to be challenging and speculation and conjecture is insufficient to prove, and win. a case.
You can sue in your home state, so that's easy enough. Getting a local attorney who won't just add to your misery and lose will also be challenging. More likely you'll end up spending more time than you like, spending more money on legal fees than you can stomach, and getting a result that makes you regret you got started in the first place.
You contract is month to month so you can cut you loses now. I am sure you were told that advertising takes time and repetition, but sounds like you give it a go and it may be time to cut bait.
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STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com
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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.
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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
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