SimpliSafe Violating California, Florida, and Texas Licensing Laws

This is crazy, what good is a law if its not enforced.

To me this is new ground in the Alarm industry. When these laws were written the idea of a "Do it Yourself" alarm system wasn't even a thought. The states with some of the most restrictive policies in place do so that the installing company should know what they are doing. In Oklahoma for instance you have to be NBFAA level one at least maybe level two or this is what it was in the past. In order to get that certification you had to go through a training class which to someone not familiar with the industry teaches quite a bit. To me it was a breeze as I had been installing systems for quite some time before certifying but others in the class got a wealth of information. Not to say some states may be more about the money but most aren't.

'CCTV'/ Alarm licensing and it's often significant deviations from state to state is essentially a joke in my opinion. Sure, we are licensed simply to avoid getting fined and or shut down but, I have yet to see where the supposed value trickles down to the customer.

We focus almost exclusively on integrated network video solutions and the testing required for Qualifying Agent status does little to address the current technology set or even acknowledge edge devices/ IoT solutions. Licensing, as I have come to view it in the state of TN, is a sorry means to protect the legacy burglar alarm cartel and limit competition in the space.

Advancements in technology and presenting its respective value to the market place will always be of greater value than licensing under the guise of consumer protection and dated standards.

So I guess the question is, "is it worth it?" Trying to get the legislation changed so that it is more open to other players and not just the "legacy burglar alarm cartel" you mention? Or is SimpliSafe an example of the fact that no one cares enough to police it, report it, change it, etc.?

In NY and NJ you need a license. I spent a ton of time and money getting mine. now I have all these DYI companies and also places like Costco selling CCTV systems, security etc. They don't comply with any of the licensing law but they continue to sell their products and devalue my business.

Regarding the issue of licensing for "Security Consultants", I don't know about Tennessee, but Texas has an exception for licensed engineers.  A licensed PE can act as a "Private Security Consulting Firm" and design security systems without being specifically licensed as such.

SUBCHAPTER N. EXCEPTIONS

• 1702.324. CERTAIN OCCUPATIONS. 

(b)  This chapter does not apply to:                                          

(6)  a licensed engineer practicing engineering or

directly supervising engineering practice under Chapter 1001,

including forensic analysis, burglar alarm system engineering, and

necessary data collection;

Note that this only covers a licensed engineer "practicing engineering".  I would interpret that to mean that they could recommend and/or specify products, design systems, etc. but would not extend to sales/installation of equipment or monitoring of those systems.

I'd be really interested in knowing which other states require licensing for security consultants.  Until I read this and found out about Tennessee, the only one I had found was Texas.

Update:

I question whether the Tennessee code that is quoted really requires licensing for someone acting exclusively as a consultant.  It reads:

No person shall advise anyone as to the need, quantity or quality of alarm systems and sell the systems unless certified, licensed or registered under this part. (emphasis added)

I'm not a lawyer but in my limited experience, this being a legal document, that word "and" means something very specific.  I would interpret that to mean that one needs to be certified, licenses or registered only if they advise and sell.  If licensing was required just for consulting, I would think it would read:

No person shall advise anyone as to the need, quantity or quality of alarm systems or sell the systems unless certified, licensed or registered under this part.

Any lawyers out there that could weigh in?

"Dave" is the generic name Simplisafe uses to respond to customers' emails and to send out marketing emails.  There might be a person named "Dave" there but that would be a coincidence.

This news makes me wonder: Since these systems are self-installed by the user, does the homeowner have to get a license as an "installer"?  If so, does that make me an outlaw?

John,

is there any chance that Simplisafe will actually have to pay fines for past sales or be barred from selling until a license is granted? In States where failure to have a license is a crime, does past commission of a crime block them from obtaining a license for a time period? Most small companies would be sweating these questions.

The question I have is about the consumer installing the system in his/her home. Per the law, they are an "Installer" and must be licensed to install security systems otherwise they should be fined too. 

Has any state addressed this?

You are absolutely correct. These exemptions are referred to as "owner/builder" and extend to all aspects of construction. 

After reading these comments it seems that there is some confusion by some over the types of licenses and when they apply. Typically states separate into three categories: monitoring, installation, and sales. Most states care about installation only and often it is for commercial/public buildings (not homes). Many care about monitoring. Only a few care about selling. In the states like those mentioned here in the article, even if you do not install or monitor the system, you still must be licensed. If you are only selling, the requirements are usually less demanding than the installation requirements. The DIY piece makes it more complicated but since they are offering professional services (monitoring, design, consulting), it certainly seems to cross the line from simple DIY retail. 

Also, nobody mentioned it but last I checked Louisiana was even harder; have to have a brick and motor office with licensed person living in state (or within normal commuting distance).