Ala. Admin. Code r. 304-X-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 304-X-1-.07 - Code Of Ethics

(1) The following code is intended to aid companies licensed by the Alabama Electronic Security Board of Licensure and their employees, individually and collectively, (hereinafter referred to as companies), in maintaining a high level of ethical conduct. This code evolved out of the experience of the Board and is binding on all licensed companies and their employees.

(a) All licensees and employees of licensees must have visible on their person a photo identification card issued by the licensing board at all times when providing licensed services. This requirement does not apply to administrative, management, and monitoring station employees who do not contact with consumers in the field.

(b) Companies will always render services at the highest level of quality. Companies performing unsolicited sales on the consumers of the State of Alabama shall take great care to uphold the ethical standards set forth by the Board.

1. Companies shall not misrepresent the status of another company. This includes, but is not limited to, falsely telling potential customers that another company has gone or is going out of business, is leaving the State of Alabama, has had their AESBL license revoked, is merging with another company, or that they are upgrading equipment for another company.

2. Companies shall not interfere with or coach potential customers or new customers obtained via unsolicited sales when pre-installation and/or installation surveys are conducted.

3. Companies shall inform potential customers and obtain consent from said customers regarding the use of third-party lending for security and/or locksmith equipment.

4. Companies shall inform potential customers that a Consumer Report will be obtained through a Consumer Reporting Agency before a credit report is requested.

5. Companies shall not engage in white paging if a potential customer is denied credit based on their Consumer Report.

6. Companies shall not add an unauthorized co-signer to an account if a co-signer is required for a potential customer to obtain credit financing.

7. Companies shall give to all new and potential customers a paper copy of their right to cancel a new security system. The instructions shall include contact information, how many days they have to cancel, and the method in which the notice of cancellation should be sent, including the company's mailing address, email address, and fax number.

8. Companies that have potentially engaged in any form of identity theft shall be considered for referral to the District Attorney or the Attorney General's Office.

(c) Companies must include the following information at the bottom front of each contract for services:

All complaints or concerns regarding the installation or service of a lock, alarm, or CCTV system may be directed to the: AESBL at 7956 Vaughn Road, PMB 392, Montgomery, Alabama 36116 (334) 557-0983.

(d) All licensees must provide an electronic or paper copy to each customer in which alarm, locksmith, or CCTV services have been provided. The electronic copy provided to a customer must be emailed to the customer at the customer provided email address within 24 hours of the completed sell, service, or installation. A Notice of Cancellation document must also be given to the client and the procedure for cancelling a contract must be clearly explained to the client.

(e) Upon request, licensees will give to each client or potential client their AESBL license number and each individual will show his/her AESBL identification card to all existing and potential clients, law enforcement personnel, AESBL Board Members, AESBL inspectors and investigators, and the AESBL staff upon request.

(f) Companies will inform each client of their rights, including their right to cancel a new contract within a specified time period, and encourage them to maintain records of all activities and contracts related to the installation of locks or an electronic security system.

(g) Companies will adequately train each client in the proper use of their locks or electronic security system, will provide customers lockout codes upon receipt of written requests within ten (10) business days, and will not sell customers pre-programmed panels without written disclosure to the customer.

(h) Companies will advise customers who already have electronic security service that, if they already have a contract for services, they may be obligated for payments under the terms of their present contracts as well as any new contract signed.

(i) Companies will respond within ten (10) business days to customer complaints regarding sales, installation, servicing or monitoring of their locks or electronic security systems or the conduct of any person employed or sub-contracted by the company.

(j) Company representatives will make a reasonable attempt to identify the owner of a residence, a commercial establishment, or vehicle before performing work.

(k) Companies will not engage in deceptive, fraudulent, or illegal activity targeting individuals age sixty (60) or older or individuals who do not appear to be mentally competent. Doing so may result in their license being suspended on an emergency basis without a hearing if said activity is confirmed by the AESBL investigator or other law enforcement agency and/or personnel by a signed and notarized affidavit.

(l) Companies must wait four (4) business days before performing unsolicited services for an individual age 75 or older and must provide these same customers with a 30 day right to cancel in their contract.

(2) Any company, including all employees of a company, and any person who violates one or more canon of ethics in this code shall be subject to disciplinary action. If, after a hearing, the Board determines that a company or person is, in fact, guilty of a violation, the Board may impose a monetary penalty, a sanction, suspend or revoke a license.

(3) Pursuant to Code of Ala. 1975, 34-1A-3(10), all licensed companies are to be inspected, and the Board has determined that inspections shall occur on an annual basis. Company personnel shall comply when contacted by an AESBL inspector, whether in person, by telephone or text, or via email. Failure to comply shall result in an Administrative Complaint filed by the inspector. Failure to comply would include, but is not limited to, not allowing the inspector into a company's main office and/or branch office, not returning an inspector's voicemail, email, and/or text within a reasonable amount of time as determined by the inspector, not agreeing to meet with an inspector at a designated location outside a home office, and/or not providing information requested by the inspector, i.e. - employee roster, proof of licensing numbers on company vehicles, proof of licensed disciplines conducted by the company vehicles, proof of licensed disciplines conducted by the company and its employees, etc. An Administrative Complaint filed shall proceed through the normal process as enumerated under 304-X-1-.08.

(4) Upon proof (proof being a civil order or criminal conviction) that any licensee or licensed company has engaged in behavior that has violated any Federal, State, or Local law, the Board shall take immediate disciplinary action. All licensees are required to adhere to all laws related to the "Do Not Call List", spoofing, and any laws or rules imposed by the Federal Trade Commission or the Federal Communications Commission.

(5) Any advertising, including social media and internet advertising, must include the company's AESBL license number or an internet address where licensing information can be found on said advertising. The company's AESBL license number shall be visible on any vehicle displaying advertising information.

Ala. Admin. Code r. 304-X-1-.07

New Rule: Filed November 19, 2013; effective December 24, 2013.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 1/3/2019.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 02, November 30, 2021, eff. 1/14/2022.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 08, May 31, 2022, eff. 7/15/2022.

Rule 304-X-1-.05 was renumbered to 304-X-1-.07 per certification filed November 19, 2018; effective January 3, 2019.

Author: Fred Crawford

Statutory Authority:Code of Ala. 1975, §34-1A.