I have completed fine dining already, but I have one coming coming up soon and its the first one ive done that requires specific timing. Example: time entree ordered and how many minutes and seconds until you received that order? How do you time this down to the second without being obvious about it?

That is why you have a recorder. My "companion" has been an Olympus voice recorder VN-5200. Turn it on, lock it so you do not turn it off accidently. make sure the batteries are adequate for the time, restaurant shops could take two hours, use fresh batteries. Set it and DO NOT forget it. Talk to it often. If you have a partner tell the partner what you see. At home many miles away you will play back your experience. You can order and say "Do I have time to go to the rest room? to mark the end of the ordering process. When the food hits the table, you can mark it by saying "THANK YOU, I almost died of starvation" or preferably something else like "The food salad, soup appetizer looks good!" announcing you got the food and identified it. You can talk about it in your narritive. the exact time you got it minus the time you marked the server leaving the table.

I use the ShopIt app for these kinds of assignments. It was designed by a mystery shopper and it looks like a text screen. You just touch the screen and it records the time right down to the seconds.

@newmom, what state do you live in? It is illegal to audio record in two-party states. I use the Mystery Shopwatch app which I think was also created by a MS'er. It records and saves minutes, seconds and milliseconds. It also calculates the time elapsed between any of the timings which is a great feature. I know where the timing button is without even looking at my phone. My dining guest also has it on his phone so he will actually record the times while I do all the interactions, employee names and descriptions, food and drink/alcohol requirements, etc.

I also use a stopwatch app that can be controlled with the phone's volume buttons on the side. I figure it doesn't look strange these days to look like I've had my phone surgically implanted in my hand. I don't know how people could ever take timings with a regular watch. That must look super obvious.

Technology is your friend when it comes to timings. Stopwatches on your cell phone can be controlled by the volume button - so you can hit it with your hand in your pocket for example. Audio recorders can work well when you replay the recording to listen for your cues such as, "thank you for the drink." Even in two-party states, audio recorders can be set up so that it records only your voice and not others.

Another not so technology driven method is glancing at your watch or cell phone for the time and later writing those timings down on your cell phone. A not so obvious method is to count in your head by seconds after the timing starts - then glance at your time piece. For example when the appetizer order is taken, count to 15 before glancing at your watch and deduct 15 seconds for the timing start. When it comes, count to 15 before glancing at your watch at you have exact timings. That delay before looking at your watch makes it less obvious.

I agree that the Mystery Shopwatch LITE app is great if you want a good timer. You can keep your phone in your pocket and just click on the phone's volume button each time you need to mark time, so if you don't want your phone seen, it's perfect.

I also like and use the ShopIt app. As others noted, it will mark the time for you, and I use it when having a phone out and appearing to send text messages is ok. But sometimes you can't have your phone be visible.

Sadly my phone cant download apps, I do have the stopwatch on my phone tho, I guess I thought that would look obvious but I will do my best! And I dont have an audio recorder because I dont know the laws here in alabama and I would rather not risk it. This is only my third month mystery shopping so havent got all the bells and whistles yet

Do you have an audio recorder on the phone? Mine was one of the standard apps and didn't need to be added. I'm fairly certain Bama is a one party state. If bgriffin is still lurking about he can weigh in or you can send him a PM.

Yes, the only state in the Southeast that is a two party state is Florida.

If you decide on an audio recorder I have an Olympus like Piled Hip Deep mentioned..They are very reasonably priced at around $40 for the model I have. They are sold at Radio Shack so if you live near one that is going out of business you might find one for less than $20. My first one lasted for 10 years or so. If you don't have a fancy cell, even if you are in a 2 party state, it is handy to take into the restroom and make notes to yourself. Just scope out the restroom before you start talking to make sure no one is lurking around. The worst thing you want to do is dictate notes into your recorder, come out of the stall and see an employee washing hands at the sink. Most of the time when I visit restrooms they are empty. You can be busy combing your hair while waiting for anyone there to leave. A bonus I find at fine dining is to go on the early side so you can purchase the bar drink at happy hour prices but also at that time the tables are not all full and the restrooms are emptier than if you eat later on. It also allows you to write up your report before midnight as you will get home earlier.

I just take screenshots of the clock on my phone and take notes on it as well. Each screenshot represents a time something happened.

Vlade 5394 -
OK, so how in the world do you you train an audio recorder to record only your voice? I am in a two-party state. I would sure like to know how to do that without having to manually push buttons, turn the recorder on / off, etc. It needs to be 100% reliable, since I am not inclined to be arrested by the police and then prosecuted by an overzealous district attorney.

While this may be easier for a guy, I merely loosen my watchband one notch and rotate my watch with the sweep second hand to the side of my wrist by the thumb. This way, with my hands in almost any position, I can discretely (and discreetly) peek at the time of start and time of end. At the same time, with my DVR in my breast pocket, I look down at my tablecloth (or other plausible thing) and speak the timings in a low, soft voice that cannot be heard beyond my table. If interested, try it a couple of times when you are but not on a shop. See whether it works for you.

All these are great tips! Thanks guys! I have it tomorrow night so tonight im going to mess with my phone and see what works best

@nutmegstategirl wrote:

I agree that the Mystery Shopwatch LITE app is great if you want a good timer. You can keep your phone in your pocket and just click on the phone's volume button each time you need to mark time, so if you don't want your phone seen, it's perfect.

I also like and use the ShopIt app. As others noted, it will mark the time for you, and I use it when having a phone out and appearing to send text messages is ok. But sometimes you can't have your phone be visible.

You should upgrade to the full version of the app which is only $0.99. That way you can save each shop's timing with a file name to access later on when you are working on the reports. It really helps when you are performing multiple timed shops in one day.

Too many debates on here about recording laws. Unless someone here is a legal expert on this subject, please try stating you are providing your opinion, interpretation or feelings on the subject.

I read my States laws and several legal sites. I will be recording all my shops. I do not disclose in any of my reports that I recorded my shops and they do not ask. I'm fine with my understanding of the law.



Edited 1 time(s). Last edit at 04/16/2015 03:00PM by isaiah58.

The site that is referenced [www.rcfp.org] is a legal site. Therefore we are not stating "opinion, interpretation, or feelings." rather we are referencing a site that gives the legal interpretation of the state laws.

Isaih - Here is another web site, the Digital Media Law project: [www.dmlp.org] I don't know how anyone could reasonably interpret either the site that James Bond cited or this one or any of the other ones that can easily be found online to mean anything other than recording in a two-party consent state requires the permission of both parties. This one details the relevant law, one state at a time: [www.detectiveservices.com] And all of the online sites agree that if either party to a phone call is in a dual-party consent state, that dual-party rules are in effect.

I am always willing to be corrected. We have cited specific legal web sites. Please do the same so that we can read what you are reading. You are of course free to assume whatever level of risk you choose. You indeed might not get caught. Frankly, I am unwilling to take the chance for the sake of a $10, $50, $100, or even $1000 shop fee. Audio recording without the consent of both parties is a felony in dual-consent states. IMHO, enough said.



Edited 1 time(s). Last edit at 03/15/2015 07:27PM by myst4au.

I really hope that law enforcement officials and legal professionals read these video and recording threads. It is a shame that a few dishonest antics can put a black eye on an industry.

Now I know one debate on the subject equates to "too many." As far as I'm concerned we can't have too many discussions regarding audio recording and the laws. And while we may not be legal experts on the subject, video shoppers in particular need to stay abreast of the laws as do video mystery shopping companies. Once a video road trip of mine turned into a combination of video and traditional shops when the client could not get the paperwork for employees in a two party consent state ready in time.

@myst4au wrote:

Vlade 5394 -
OK, so how in the world do you you train an audio recorder to record only your voice? I am in a two-party state. I would sure like to know how to do that without having to manually push buttons, turn the recorder on / off, etc. It needs to be 100% reliable, since I am not inclined to be arrested by the police and then prosecuted by an overzealous district attorney.

A good question. I should have been more precise with that comment that I have not done this myself but heard of other(s) doing it. If I remember correctly they place the microphone near their face so that they can speak into it as needed. The volume on that microphone is set in a way that the only thing it records is the owner's voice. I think the source of that information was from one or more of our video shoppers.

Frankly, think that is risky to rely upon volume. If someone shouts, they could get recorded, and then you are in violation of the law. Soneone leans over for some reason and talks in a normal voice, and they could get recorded. I am not going to risk it.

@isaiah58 wrote:

Too many debates on here about recording laws. Unless someone here is a legal expert on this subject, please try stating you are providing your opinion, interpretation or feelings on the subject.

I read my States laws and several legal sites. I will be recording all my shops. I do not store in any of my reports that I recorded my shops and they do not ask. I'm fine with my understanding of the law.

Isaiah,

Thank you for your contribution to the forum. I found it enlightening.

I feel it is important to add my opinion that each of us needs to become an expert on this subject should we record audio or video of shops (or anything else for that matter). The reason is criminal penalties can attach to improper recordings of conversations. Yes, it is worth repeating. A shopper can potentially go to jail for doing this.

I'm glad you have read the law in your state and appear to understand the law of another state will also apply if the person on the other end of a telephone call is in a different state. The laws themselves are not that hard to understand. For that reason I suggest anyone considering doing this have a look. The legal sites are good to read about both Federal and State laws in one place.



PS: I don't want to scare anyone away from doing this properly. Prosecutions are very rare - it isn't really on the police's radar. The laws are easy enough to understand I think and there are good resources to quickly research this for your state. If you record, please be aware. Don't become the except to the rule and get in trouble just to help you make a few dollars.



Edited 1 time(s). Last edit at 03/15/2015 07:58PM by vlade5394.

Myst and Vlade,

Thanks for you thoughtful responses. I noticed both of you cited "phone calls" which in this case is not what is being recorded.

Basically all I did was follow links to where actual case laws were cited. The cites differentiate between employees
recording personal conversations versus a general recording of conversation going on in public areas of an establishment.

IMHO half of the videos on YouTube would not exist if other-party laws were the way some here claim they are. And in our suit happy society we'd see all kinds of lawsuits going on for invasion of privacy because of what is otherwise legally obtained content posted on YouTube.

Several months ago I witnessed the police response at a local restaurant. A person got upset and grabbed another person's phone. They claimed invasion of privacy. The police clearly explained it was a public area, the person that grabbed the phone was in the wrong, and they returned the phone to it's owner. They almost arrested the person that incorrectly interpreted the law.

Try discussing the laws about concealed pocket knives and it's just as confusing.

The laws began with phone calls. The law now applies to every type of audio recording. There is no ambiguity about permission being required by both parties in a two-party consent state.

Whether someone chooses to prosecure or not is a different issue. I personally am not going to take the chance for a $10 shop fee.

@isaiah58, what state do you live in?

Maryland

I have never used a recorder or my cell phone. I use my wrist watch with seconds. I have done all sorts of restaurants, most especially fine dining and 'knock on wood' have never had any shop rejected. I must admit when I was a rookie, I was a nervous wreck, but after a while, I have gotten used to depending on my wrist watch. I tried to use my stop watch, but I could not concentrate.

@isaiah58, Maryland is a two-party state so recording telephone calls AND conversations are illegal unless you have consent from both/all parties.

"When must you get permission from everyone involved before recording?

Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. (Notes: (1) Illinois' two-party consent statute was held unconstitutional in 2014; (2) Hawai'i is in general a one-party state, but requires two-party consent if the recording device is installed in a private place; (3) Massachusetts bans "secret" recordings rather than requiring explicit consent from all parties.). Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people. In some of these states, it might be enough if all parties to the call or conversation know that you are recording and proceed with the communication anyway, even if they do not voice explicit consent. See the State Law: Recording section of this legal guide for information on specific states' wiretapping laws." - Digital Media Law Project