Using DVR's
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joe,
There are 14 states where it is illegal to record the voice of a second person without their prior consent. [www.rcfp.org] Has a great list and explanation. Add Delaware to their list of 13 states that are "two party consent" states. Also, please check out the "sticky" about video shops here on the forums becasue all recordings are covered there. Finally, don't even think about recording in a casino, regardless of the location. Large security personnel will NOT be amused.
There are 14 states where it is illegal to record the voice of a second person without their prior consent. [www.rcfp.org] Has a great list and explanation. Add Delaware to their list of 13 states that are "two party consent" states. Also, please check out the "sticky" about video shops here on the forums becasue all recordings are covered there. Finally, don't even think about recording in a casino, regardless of the location. Large security personnel will NOT be amused.
Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel
Poor customer service? Don't get mad; get video.
Shopping from the Carolinas to New York
Have video cam; will travel
Poor customer service? Don't get mad; get video.
walesmaven,
Awesome reply!! Found the details for my state. It is legal here.
I just find that DVR the most important tool I have in my possession so far. I have been using it so much I am gonna need to buy stock in the battery company.
Instead of taking notes when I get to the car I just start talking. It takes the pressure off when trying to recall details. When I did a practice run for a grocery store I got out to the car and talked to my DVR. Recorded everything down to employee details, number of carts cashiers, you name it. When I drive away I'm still talking making notes of the exterior. You can record everything while it is fresh in your mind....... Its worth gold to me!
I also used it the other day when traveling thru a small town. I turned it on while driving and made a list of every business in the town that I might be able to shop.
Thanks again for that list!!
Awesome reply!! Found the details for my state. It is legal here.
I just find that DVR the most important tool I have in my possession so far. I have been using it so much I am gonna need to buy stock in the battery company.
Instead of taking notes when I get to the car I just start talking. It takes the pressure off when trying to recall details. When I did a practice run for a grocery store I got out to the car and talked to my DVR. Recorded everything down to employee details, number of carts cashiers, you name it. When I drive away I'm still talking making notes of the exterior. You can record everything while it is fresh in your mind....... Its worth gold to me!
I also used it the other day when traveling thru a small town. I turned it on while driving and made a list of every business in the town that I might be able to shop.
Thanks again for that list!!
Illegal means criminal!
For those who do not understand how to record voices I can't emphasize Walesmaven's comments about making voice recordings in the wrong way being a criminal violation. This is more than just screwing up on a mystery shop where the worst that can happen is that you don't get paid, are deactivated, and perhaps blacklisted (if any MSPs do this). For more details relevant to your state, you can also google "voice recordings legality."
Is this an over reaction? Perhaps, but consider googleing "Linda Tripp prosecution" to find an example of someone getting caught up in the illegality of it.
For those who do not understand how to record voices I can't emphasize Walesmaven's comments about making voice recordings in the wrong way being a criminal violation. This is more than just screwing up on a mystery shop where the worst that can happen is that you don't get paid, are deactivated, and perhaps blacklisted (if any MSPs do this). For more details relevant to your state, you can also google "voice recordings legality."
Is this an over reaction? Perhaps, but consider googleing "Linda Tripp prosecution" to find an example of someone getting caught up in the illegality of it.
Happily shopping Rhode Island and nearby Massachusetts and Connecticut
Yes, Linda Tripp recorded a person who was in Maryland, a two party consent state. As I happen to live in MD, I am well aware! Two of the 4 jurisdictions that border MD are 2 party (PA and DE) and 2 are 1 party (DC and VA).
Joe, you can also use the dvr in the store (in a 1 party consent state) to record the interaction. When mine plays back on my computer the elapsed time shows up, so I get exact timings.
Joe, you can also use the dvr in the store (in a 1 party consent state) to record the interaction. When mine plays back on my computer the elapsed time shows up, so I get exact timings.
Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel
Poor customer service? Don't get mad; get video.
Shopping from the Carolinas to New York
Have video cam; will travel
Poor customer service? Don't get mad; get video.
walesmaven Wrote:
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> Joe, you can also use the dvr in the store (in a 1
> party consent state) to record the interaction.
> When mine plays back on my computer the elapsed
> time shows up, so I get exact timings.
Exactly.
I wanted to make sure before I used it inside a store or restaurant. In my state and the one I visit it is okay for public use. Now that I know that I can use it , I have more avenues to keep track of details. Mine has a digital timer so I can get exact times and I synchronized it to my digital watch. The other day I needed an exact start time of something, rather than staring at a watch I coughed into the recorder. I needed the end time and coughed again. If you turn up the volume this thing will pickup sounds even if in your pocket. Less things to remember.This thing is like gold to me now.
-------------------------------------------------------
> Joe, you can also use the dvr in the store (in a 1
> party consent state) to record the interaction.
> When mine plays back on my computer the elapsed
> time shows up, so I get exact timings.
Exactly.
I wanted to make sure before I used it inside a store or restaurant. In my state and the one I visit it is okay for public use. Now that I know that I can use it , I have more avenues to keep track of details. Mine has a digital timer so I can get exact times and I synchronized it to my digital watch. The other day I needed an exact start time of something, rather than staring at a watch I coughed into the recorder. I needed the end time and coughed again. If you turn up the volume this thing will pickup sounds even if in your pocket. Less things to remember.This thing is like gold to me now.
I regularly shop two States, neither of which is a two-party State. However, there are certain MSPs, for certain shops, that prohibit recording devices on shops. Caution is in order, and guidelines need to be thoroughly read.
Mert Wrote:
-------------------------------------------------------
> I regularly shop two States, neither of which is a
> two-party State. However, there are certain MSPs,
> for certain shops, that prohibit recording devices
> on shops. Caution is in order, and guidelines
> need to be thoroughly read.
Thanks......
-------------------------------------------------------
> I regularly shop two States, neither of which is a
> two-party State. However, there are certain MSPs,
> for certain shops, that prohibit recording devices
> on shops. Caution is in order, and guidelines
> need to be thoroughly read.
Thanks......
And, don't even think about recording in a casino!
Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel
Poor customer service? Don't get mad; get video.
Shopping from the Carolinas to New York
Have video cam; will travel
Poor customer service? Don't get mad; get video.
walesmaven Wrote:
-------------------------------------------------------
> And, don't even think about recording in a casino!
You mentioned that already
but it is worth repeating.
-------------------------------------------------------
> And, don't even think about recording in a casino!
You mentioned that already
but it is worth repeating.
Ok, so I live in a state with all the check marks checked. I don't understand how these rules work b/c I do telephone recorded bank shops and was thinking of trying the hidden camera apartment shops. A DVR that kept time would be a helpful purchase but it is not worth it if I am going to be breaking the law.
I think I read before on the forum that there were mixed feelings about this. I will go back and try to read up.
I think I read before on the forum that there were mixed feelings about this. I will go back and try to read up.
Have you ever noticed when placing a call to a company's customer service line there is usually an automated message saying the call may be recorded? Once that message plays and you remain on the line, you are giving implied consent to be recorded. If a state requires two party consent that does not mean nothing can be recorded, just that both parties need to know and agree.
Video/audio shops can be conducted in two party states as long as employees have given consent to be recorded. This can be done as part of their initial employment contract or at a later date. When in doubt it is perfectly reasonable to ask the MSC if the employees have given consent to be audio recorded and to see the documentation. In two party states only the client's shops can be audio or video. Any competitor shop would have to be written only as the client will not have documentation from the employees of a competitor.
As to using the DVR for your personal notes, some have adjusted the mic to only pick up their own voices and can piece together pertinent information such as timing that way.
Video/audio shops can be conducted in two party states as long as employees have given consent to be recorded. This can be done as part of their initial employment contract or at a later date. When in doubt it is perfectly reasonable to ask the MSC if the employees have given consent to be audio recorded and to see the documentation. In two party states only the client's shops can be audio or video. Any competitor shop would have to be written only as the client will not have documentation from the employees of a competitor.
As to using the DVR for your personal notes, some have adjusted the mic to only pick up their own voices and can piece together pertinent information such as timing that way.
Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
From the sticky from Jacob:
"If you are offered any shop that will include an audio portion, or if you even want to use a cell phone app or a digital voice recorder to record an interaction, be sure to first check to see if the site is in a two party state. If it is, and you are going to be assigned a recorded shop, it is up to you to ask the scheduler the following sort of question: “Can you verify that the client has obtained written consent from the employees for voice recording?” I suggest that you ask this question in writing."
Lisa, thanks as always for the reply. Now I understand why shoppers mention how the DVR is adjusted.
I'm still probably not gonna use a DVR b/c I was born under an unlucky star. For example, you know those crazy stories about people coming to your garage sale and then suing you? That was me - I was sued! I know a lot of attorneys and every single one said they had never heard of such a situation. Now I tend to be paranoid about things.
"If you are offered any shop that will include an audio portion, or if you even want to use a cell phone app or a digital voice recorder to record an interaction, be sure to first check to see if the site is in a two party state. If it is, and you are going to be assigned a recorded shop, it is up to you to ask the scheduler the following sort of question: “Can you verify that the client has obtained written consent from the employees for voice recording?” I suggest that you ask this question in writing."
Lisa, thanks as always for the reply. Now I understand why shoppers mention how the DVR is adjusted.
I'm still probably not gonna use a DVR b/c I was born under an unlucky star. For example, you know those crazy stories about people coming to your garage sale and then suing you? That was me - I was sued! I know a lot of attorneys and every single one said they had never heard of such a situation. Now I tend to be paranoid about things.
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