I’m often asked, “How do you get your story ideas?” Sometimes, as with 80-year-old “Mr. Albert,” they literally walk in the front door. Anyone who has an alarm system for their home or office will find his story valuable.
Mr. Albert is no more than five feet tall, hunched over, walks with a cane and has a support dog whose vest reads, “My name is Spot.” Mr. Albert is terribly hard of hearing and nearly every time he’s spoken to says, “What? Say that louder!” If he had not stepped into my office, he could have become a victim of an alarm company’s illegal use of an automatically renewing contract provision, as I am certain many of its customers have been.
'The bill collector won’t leave us alone'
“A bill collector for a security system is constantly phoning,” Mr. Albert told me, “and insists that we pay on a contract that we canceled months ago because they failed to make repairs. She also claims their contract automatically renewed for a five-year term!”
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Examining his paperwork, I could see that this out-of-town alarm firm had purchased the local security system provider that the couple signed up with years ago. That local company “gave us excellent service if anything needed their attention,” Mr. Albert said.
I immediately phoned the out-of-town outfit’s customer service and spoke to “Jo-Jo,” who had all the charm of a Mafia goon. She stated, “Our contracts automatically renew for 60 months unless the customer notifies us in writing via certified mail not less than 90 days prior to expiration of the then existing term of their intention to not renew, and he didn’t do that. He owes the money.”
“Mr. Albert canceled months ago,” I replied, “because of your non-performance and told you to pick up the equipment, which you failed to do. Also, that 90-day intent to not renew is total unenforceable nonsense. You obviously are ignoring California’s July 2022, Automatic Renewal Law that requires you to provide him a simple way to cancel and send a reminder notice between 15 and 45 days before the date of renewal. And, by the way, most states — and the Federal Trade Commission — have similar regulations.”
She replied, “There is no such law!”
As it was clear Jo-Jo had attended the Al Capone Collections School, I said, “I have a great idea. Have your boss give me a call. I want him to explain his reasoning for your attempted elder financial abuse.”
I am still waiting for his call. Mr. Albert hasn’t heard from Jo-Jo again.
The many online reviews for the firm that bought the local business all say the same thing, something along the lines of: Our former, locally owned company was wonderful, but these people are rude. All they care about is money. Horrible service. We wanted out, but they just renewed us for five more years.
Advice from a security company’s CEO
I discussed the Mr. Albert situation with Marvin Fuller, CEO of M&S Security Services, based in Bakersfield, Calif. He was a source for my article Is Your Neighbor’s Security Camera Pointed at Your Window?
His father, Marvin Fuller Sr., began the company after retiring from law enforcement. When I was a deputy DA, we worked on cases together, and I was impressed by his ethics and sense of fairness. Those qualities live on in his son.
For anyone wanting to obtain an alarm system, Fuller has these recommendations:
1. Stay local.
You will have better service and will be less likely to have a contract dispute. You can call the owner and say, “I just lost my job and am having a tough time. Can we do something with this contract to help me out?” Fuller says he’s received these calls himself. Or, someone might call and say, “My building just burned down!” Fuller says, “We have always helped our customers. But out-of-town providers are like cellphone companies — it’s only about the money.”
2. Watch out for the hard sell.
This includes salespeople who do not want to let you read the contract or think about the offer. “Read the contract to be sure you are getting everything that has been promised,” Fuller says. “There is nothing wrong with saying, ‘No!’ Yet many people feel guilty. I always say, ‘This is what I do for a living, and I never get upset if I can’t close a deal.’”
Fuller adds that you should never allow yourself to be pressured: “That is what happens with a lot of older people.”
Also, be careful if you’re pushed to sign something. When you are told, “I need you to sign this right now,” don’t. If you do sign something, look first for the three-day right to cancel, and be sure the dates are correctly listed.
Fear is a great motivator. Do not be intimidated by stories of break-ins all over your neighborhood.
3. Consider all the options.
You should be given options instead of being told, “You’ve got to have this.”
Always ask to be shown the minimum amount of equipment needed separately from the bells and whistles, which are often things you do not need.
4. Ask your neighbors for recommendations.
Fuller suggests checking in with neighbors who have alarm systems to see if they’re happy with theirs and whether they would recommend that business.
5. Don’t settle for one estimate.
Always get more than one estimate and be sure to go online to research the elements in the type of security system appropriate for your home or business. Take your time!
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
Related Content
- What to Do When Your Alarm Company’s Calls Are Flagged as Spam
- How to Spot a Social Security Scam (and What to Do About It)
- Five Biggest Frauds to Watch Out for in 2024
- Romance Scams That Target Older Adults Rising: What to Do
- Can Language Apps Teach You to Speak a Foreign Language?
-
ESPN to Acquire NFL Network and RedZone in Exchange for 10% Equity StakeESPN will take control of NFL Network and RedZone, while the NFL secures a 10% stake in ESPN — a move that could change how fans watch football.
-
Stocks Rally on Apple Strength: Stock Market TodayThe iPhone maker will boost its U.S. investment by $100 billion, which sent the Dow Jones stock soaring.
-
I'm an Estate Planning Attorney: These Are the Two Legal Documents Everyone Should HaveEvery adult should have a health care proxy and power of attorney — they save loved ones time, money and stress if a sudden illness or injury leaves you incapacitated.
-
I'm a Financial Professional: Here's My Investing Playbook for Political UncertaintyFor successful long-term investing in a politically charged environment, investors should focus on economic data, have a diversified portfolio and resist reacting to daily headlines.
-
The Truth About the Dark Side of Rooftop Solar PanelsRampant bankruptcies in the solar panel industry have left many consumers with systems that don't work and no way to get them fixed. Worse, they're being hounded to keep paying despite not receiving what they were promised. What can they do?
-
Six Big Beautiful Opportunities: Advisers' Guide to Tax and Client StrategiesHere are several ways financial professionals can help their clients maximize opportunities in the One Big Beautiful Bill Act, which extends key TCJA provisions, introduces increased deductions for people 65 and older and more.
-
Five Ways to Maintain Charitable Giving During Volatile Times: A Giver's GuideWhen the economic outlook is uncertain, charitable giving is even more important — and impactful. You can be strategic by using donor-advised funds, diversifying assets and prioritizing unrestricted gifts.
-
Avoid Medicare's 'Shadow Tax' With This Financial Expert's IRMAA-Busting TipsYou're cruising along in retirement, and then bam: Your Medicare premiums soar because your income crossed the limit. Take a breath. There could be a solution.
-
Grilling Season and ETFs: There's More Than One Way to Cook Up a PortfolioExchange-traded funds come in a multitude of 'flavors' these days, from passive to active to factor-based. Their flexibility is what makes them so delicious.
-
You Don't Want It, But You Should Plan for It Anyway: An Expert Guide to Long-Term CarePlanning for long-term care is crucial to protect your independence, family and financial stability against unexpected health events and rising care costs not covered by standard insurance.
