Ala. Admin. Code r. 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.
Notes
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, ยง34-1A.
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