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 

******************************
Unlicensed DIY companies / Contract Sale now through 12th 
January 4, 2021
***************
THE SALE RUNS THROUGH JANUARY 12, 2021.   ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEKS WAIT for sale orders - longer for update orders]  
***************
    Happy and healthy New Year to all.  I hope 2021 will be healthy, happy and prosperous New Year.  Here's K&K's way of helping you achieve that goal. It's our annual Start The-Year-Off Right Contract Sale.  The Standard Form Agreements are all updated and ready.  Contracts purchased within past 4 months are already updated.
2021 updated contracts are ON SALE now; SAVE THOUSANDS DURING THIS SALE 
******************
NOTICE:
    The Standard Form Agreements have been updated for 2021.  If your contracts are from 2019 or earlier you need to update.  If you have a 2020 Contract the Contracts were updated throughout 2020 and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Contracts purchased after September 1, 2020 are already updated.  Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed.  The sale ends January 12, 2021; the sooner you order the sooner you will get the contracts. 
******************

How to order: order at www.alarmcontracts.com ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Client receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount.
*******************
    Contract sale starts now and runs through January 12, 2020, ending at midnight EST. The discount will be applied orders received between now and January 12, 2021 by midnight*.  This will definitely be the best deal of 2021.  If you have K&K Contracts changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months from date of purchase***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 12, 2021, so please be patient.  When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only.


Here's the deal:
    Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice  Save up to $150.
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell rider.   Save up to $575.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    Fire All in One with Security Rider $1250.00. Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service  $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
    Nationwide DIY with monitoring.  $3500.00 Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 12, 2021 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.

** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only

********************
Unlicensed DIY companies
********************
Ken,
            We all know the DIY means Do It Yourself for installing the alarm equipment however I don’t know if your aware in Florida to monitor alarm systems a company needs to be state licensed. I looked up Florida department of business and professional regulation for some of the DIY companies like Simple Safe, Ring and others to find out they are not qualified by a person, not registered with Florida DPBR and therefore not legal to provide alarm monitoring in Florida which means any consumer paying them for such service is adding and abetting an unlicensed contractor.
            The DIY company’s may be “using” an alarm monitoring center which may be licensed in Florida but if the consumer is making payment directly to Simple safe or Ring they are violating the Florida contracting laws in place to protect them.   
            I am a long term member of the Alarm Association of Florida and when I approached the AAF director about creating a class action complaint to the Florida DPBR he indicated he thought the DIY companies are too big and would have lawyers that would get them out of needing to have at least one person responsible for them to do business in Florida.
            What are your thoughts on the strength of states licensing laws, do you think the DIY companies have too many good lawyers and it would not be worth the time and energy to file a simple complaint to the state of Florida DPBR against each of the DIY companies who are offering alarm monitoring? In addition,  I here that some like Ring may now have available service technicians to install or fix problems, although they may refer local licensed service companies is just representing you can do such work a violation of State Contractor Licensing? .  
 Regards, 
Mark
**********************
Response
**********************
            You are correct that alarm companies need to be licensed in Florida to monitor alarms.  That is also the situation in at least 20 states and multiple municipalities.  I don't know which DIY companies are licensed in Florida, or put another way, which are not.
            DIY companies typically sell alarm, fire or other security products to be installed by the end user.  This alone does not require an alarm license when the sale is over the Internet or telephone.  If sales are face to face at the subscriber's premises some states will require an alarm license to conduct the sale.  Keep in mind I am referring to an alarm license, not other licenses that may be required, such as telemarketing or door to door sales license.  That's another topic.
            But sale of the products is not the goal; monitoring is the goal; and by monitoring its professional monitoring or automated monitoring, that requires the subscriber to pay a monthly charge.  No license is required if monitoring is entirely DIY.  Once professional monitoring, defined as a trained operator receiving the signal and calling First Responders, an alarm license may be required, as it most certainly is in Florida.  Also, to be clear, both the alarm dealer and the central station must have their own license.  So the alarm license is required if
  *  the central station is doing the monitoring
  *  the alarm dealer is entering into the contract with the end user for monitoring
            Alarm license compliance differs jurisdiction to jurisdiction.  Offenders can also expect the enforcement and penalty to correlate closely with the violation.  Florida's Executive Director is correct when he discouraged the association from starting a class action, but for the wrong reason.  You don't need to be dissuaded by the big company money and their high priced lawyers.  Neither will do them much good if an enforcement agency puts a target on the company's back.  But a class action isn't the answer because the association lacks standing to bring that kind of lawsuit.  The much better play is to file a complaint with the enforcement agency and hope it brings enforcement proceedings.  Here the association may be able to play a valuable role, because the association may have standing to file a complaint, and if not, it can support a complaint filed by someone who does have standing.  An aggrieved customer certainly has standing.  Another alarm company can probably file a complaint.  Keep in mind that an offending unlicensed company may be a member of the alarm association, and a big supporter of association event.  If not, maybe they should consider joining and participating. 
*********************

To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick 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.
***********************
 
NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
***********************
THE ALARM EXCHANGEalarm classifieds alarm security contracts

    This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. 
    There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a post, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.

************************************************
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