Hello Shoppers !


I was completing my application with a MSC, then I saw a questions about Video tapping ..

I didn't feel comfortable with the idea to video tape employees without theirs agreements and report that to the boss of their company, for me there are a huge difference between doing an evaluation of the employee and videotape it.

unless if they ask to videotape only the area, apartments etc..



What do you think about that ?

If it is one of the five MSC's that specialize in video shops, then you really don't have anything to worry about from the legal side. The SCOUS [Supreme Court of the US] has ruled that video recording is legal. The catch comes on the audio side. 13 to 14 states [depending on how you interpret Delaware], are two party consent states, which means that, if you are going to make an audio recording of a conversation, you must inform everyone involved in the conversation. There is an exception to this, and that is if the employee has given their consent to being recorded as a condition of their employment. Their giving consent allows you to record them on the job without having to inform them. And, if you're dealing with one of the five companies, you can just about bet that they will make sure consent has been obtained before you're assigned the job.

Now, don't think that you can record this with your cell phone, because you can't. You'll have to wear a button camera, which is about the size of a nickel [maybe a tad bigger], and the lens is disguised as a shirt button. And you'll have a concealed Digital Video Recorder about the size of a pack of cigarettes. It takes practice. The best thing any of us can tell you is to make sure you're comfortable with a regular shop of an apartment for example, before you do a video apartment shop.

Thank you James bond

I'm in Canada, so, I don't know if the employees know that they can be recorded..
the MSC is Intellishop ( I'm not violating the rules here right ?, they ask that when you register with them ).

Before, for an other company, I used to take a photos in fast foods ( MC Donald ), but I will not do it anymore since MDo changes the design of the menu display( now it's more inside, and the characters of the prices are smaller, even with a modern camera , it is very difficult to take pictures without being seen lol

Edited 1 time(s). Last edit at 05/25/2013 09:30PM by yaya76.

Intellishop has jobs that do not involve video. I am signed up with them and just answered that I do not have experience or equipment for video taping.

Hi prince, me too I won't do that, I put '' no '' for the video shops.

Video shop pays more and less work, but you have to have your own equipment. When a company assigned videos shops, they already have the contract with that particular client and it doesn't matter whether you're in a two party state or not, you can secretly video/audio tape the interaction.

WRONG! The MSC must make sure that the client has had all of their employees sign a form permitting audio recording in the 14 staes that require two party consent for audio recording.

Wrong: you do not have to have your own equipment to begin video shopping. Several MSCs will loan new shoppers equipment, just not payiny about $10 less than they pay those with their own equipment.

Please provide some legal source or withdraw your statement about legal audio recording in 2 party states. For a source of legal status of audio recording in all states and DC, do a search here for "recorded shop" on all dates and you will find tons of discussions of this very topic, along with a link to the site that maintains legal advice fir news reporters and others who wish to be sure that their audio recordings are legal. Audio recording without the prior consent of the second party is a criminal offence in 14 states.

Thank you Walesmaven for clarification, it sound more logic,
but I wandering how many employees will accept to be recorded at any time without their knowledge , especially if you record any employee that you interact with when you go to evaluate the store..,

YaYa, more than likely if you are doing a video shop, the employees know they are subject to being shopped. I feel you are overthinking this. If you don't feel comfortable, then you have two options. First is to verify from the MSC that the employees have given consent at some point to being recorded on the job. The second is to simply not accept any video shops.

IIRC, you mentioned being in Canada. Since you have reservations, consult with a local barrister and see what the law is regarding recording a person without their consent. Be sure to ask about any difference that may happen if they gave consent as a condition of employment.

Hi James,

Maybe I'm over-thinking yes , but knowing the mentality of Canadians, they will probably not accept to be recorded, they will complain in tv news lol ... , maybe I'm wrong I don't know...

now, most of MSC are from USA and they want evaluate their companies in Canada ( ex Walmart, the future Target .. etc), is it meaning that the employees have to accept this condition ?

and the case that they will not ( or some of them will not accept ) , as I said to Walesmaven, as a shopper , you cannot know which employee did accept this condition or not, I don't think that before they accept to hire someone, they will tell him that it's a condition to accept the job ( for US or Canada)... I don't know if I'm clear about what I mean

ps. yes for now, as long as I'm not comfortable with that , I will not do it, unless if they ask to record the building of the area..

Edited 1 time(s). Last edit at 05/27/2013 02:28AM by yaya76.

Yes, you were clear. Not knowing Canadian law, I can only be hypothetical here. IF the law in Canada says that a person must give consent before they can be recorded, and IF the company wants recorded shops, THEN all employees will have signed a consent form where they agree to the possibility of being recorded as a condition of their employment. No company is going to risk a lawsuit by not having employees sign consent agreements.

When I was with Books-A-Million and they were just starting to have the stores Mystery Shopped, all employees had to sign consent forms to the possibility of being recorded on the job. It didn't matter which state you were in, and ironically they never had recorded shops done, but they were being cautious in wanting to avoid possible litigation.

yes, the companies are better to be clear about that

A company is not going to give some employees the ability to opt out or all of the employees could then choose to opt out. I live in one party state so consent is not an issue when shopping locally. You also seem to just be looking at it from the viewpoint of the employee and a negative viewpoint at that. The positive is, an interaction on video does not rely strictly on a shopper's memory meaning no chance of the shopper forgetting the employee said something. In addition to being able to see and hear the employee, the MSC and client can also hear the shopper. For a video shopper there is nowhere to hide, if we make a mistake we can't cover it up. So if the employee did not exhibit a required behavior because we failed to do our part, the shop is no good.

Huh?! I'm glad someone else was able to figure out what was being asked.

Rucker,
I for one am glad that those whose first language may not be English are brave enough to participate in the forums in English. We are here to help, after all. And, we have enough bilingual members so that those who must pose questions in several other languages can also get answers here. MS is carried on in 5 languages just in our hemisphere, and countless others around the world.

WalesMaven, Thank you for your words ! , if anyone need any help if French I will be here, most of my missions are in English and I'm doing that on purpose to force my self to improve my English, of course when It came to write an official survey, I verify my grammar and syntax twice, I never had surveys done in English declined

When I write in the forum, as any one, I write faster and I can make some mistakes, I make more effort to transmit informations or exchanges, and believe me, it is an effort when it's note your native language


Rucker, I'm glad too that you are the only one who didn't understand me lol

Edited 1 time(s). Last edit at 05/28/2013 02:11PM by yaya76.