Anyone heard of actual legal action between MSC and Shopper?

Every now and then I see shoppers talk about legal action against a MSC. Has anyone ever heard stories of a situation that has reached that level of recourse? I know I probably wont sue over my food shops because it's not worth my time. Perhaps there are more expensive shops like hotels and the shopper never received reimbursement, maybe that warrants legal action.

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Good question, but a negative for me, never heard of anyone actually suing for small amount of money. Although years ago (can't remember name), a hotel company went out of business and didn't pay many shoppers.

Live consciously....
There was one TV case on The Peoples Court where a shopper sued Market Force. Judge Marilyn Milan was the presiding judge. The shopper appeared and an attorney for Market Force appeared. Judge Milan showed great interest in mystery shopping and asked questions. The attorney for Market Force said all that was necessary to be a mystery shopper was that a person "be breathing." The shopper was suing because he said that Market Force had not paid him for several shops. The shopper had not kept good records, and when he presented his documentation, it turned out that he had performed those shops for a different MSC. Market Force had brought documentation that the shopper had been paid for every shop he performed for them.

There is a thread that discusses that case: [www.mysteryshopforum.com]
[www.youtube.com] (2nd court case)

Yep, I only told a couple of people that I mystery shop. I probably won't tell anyone else from now on after watching this vid.

wow what a fool this guy was in the peoples court case. I so wanted to see the guy win initially but it became clear the longer the case went on that he was a disgrace to all legit mystery shoppers. My only complaint is the constant line used by these msps that any breathing human being can do this job. This guy proves that false as do many others fly by nighters who come on this forum to complain.

Edited: to change Human Bean to Human Being

Shopping Western NY, Northeast and Central PA, and parts of Ohio and West Virginia. Have car will travel anywhere if the monies right.


Edited 1 time(s). Last edit at 07/11/2016 01:41AM by BuffaloNY101.
@BuffaloNY101 wrote:

human bean .

I realize that this is a typo, but, I know a few people who would perfectly fit the term Human Bean.
Thank you for ( inadvertently) giving me a good laugh this morning. I really needed it.
We use the term "human bean" in our family as a fun name for people!

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
@Jay C wrote:

The attorney for Market Force said all that was necessary to be a mystery shopper was that a person "be breathing." ...it turned out that he had performed those shops for a different MSC. Market Force had brought documentation that the shopper had been paid for every shop he performed for them.

So, breathing but brain dead is OK?

How in God's name could a shopper sue the wrong MSC?

I learn something new every day, but not everyday!
I've learned to never trust spell-check or my phone's auto-fill feature.
Interesting thread! I just watched the video. It was the announcer who interviewed the litigants after the verdict who said that mystery shoppers "just need to breathe." He initially asked the MF lawyer what qualifications were needed. As MF lawyer says anyone who shops or dines out, the announcer talked over her and said the infamous line. She did agree, but her initial response indicates she wasn't headed down that path initially.

When the defendant says it's a tremendous amount of work to do the job itself and then every night sitting down and doing the reporting...I feel his pain. Am I the only one who wishes that instead of writing a report I could just click a smiley face button or a frowny face and be done with it?

Queued to court case start: [youtu.be]
Queued to post-case interview with MF lawyer: [youtu.be]

Edited 1 time(s). Last edit at 07/12/2016 02:26PM by ChrisCooper.
In the other thread from 2013 when this topic was first discussed (link provided by JayC above), the attorney information is listed. Someone looked it up.

My ICA with MF says that I agree to work for a stated fee per assignment and all other costs are at my own expense, including travel. I know MF's reports ask if any tolls were involved, but I've never had any to report. Has anyone been reimbursed for their tolls from MF without prior arrangements for the assignment?

Edited 1 time(s). Last edit at 07/10/2016 08:05PM by ChrisCooper.
Not tolls, but I was reimbursed for parking. The scheduler had called me for a hard to fill location downtown where there is no free parking. She told me to just submit the expense and what the cut off was for needing to also supply a receipt. The amount was small enough no receipt was necessary. I've never tried to submit anything at any other time.

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.
There was a thread earlier this year about an MSC who threatened to sue a shopper for posting on this forum (there were other events leading up to that). The shopper counter-sued. The MSC, which is still unknown, agreed to pay shopper a 6-figure settlement. The shopper wanted to be able to post the name of the scheduler and the company as part of the agreement.

We never heard the outcome. I'm guessing the shopper had to sign an NDA. Hope everything worked out well for the shopper. Does anyone have any more details on this?
There was a thread about MF paying tolls. I believe it was in the eastern area of US where there are many tolls in cities or between them. I believe NYC and Boston were mentioned and shoppers were getting reimbursed for tolls. I checked my ICA with MF and tolls are not mentioned. In the TV court case they said the ICA states no tolls will be paid. Of course the ICA may have changed since 2013, the air date for the show.
"So, breathing but brain dead is OK?
How in God's name could a shopper sue the wrong MSC?"

Court TV is fake, and so is Jersey Shore, Dr. Phil, and Pawn shows. Judge Judy makes about $47 Million for 52 days work per year. I don't think those on court TV have to be actual judges (just lawyers), but the parties agree to allow TV judges to be arbitrators.

It's dumb and I find it disgusting, and it takes a little more than to be breathing to mystery shopping. If not, it's a bad reflection on mystery shopping companies for hiring bad workers, not on us who have a little education and know how to take photographs, scan and resize, and stay sober enough to evaluated the employees.

We should all sue the dumb a*s who said that on national television.
I just saw that re-reading my post from early this morning I was tired and made a funny typing error funny how that worked out.

@cindy55 wrote:

@BuffaloNY101 wrote:

human bean .

I realize that this is a typo, but, I know a few people who would perfectly fit the term Human Bean.
Thank you for ( inadvertently) giving me a good laugh this morning. I really needed it.

Shopping Western NY, Northeast and Central PA, and parts of Ohio and West Virginia. Have car will travel anywhere if the monies right.
MF has reimbursed me both for parking and tolls. I live in the Bay Area where the major bridges have a toll.

I think of it as a nice thing they do for shoppers. I'm sure someone is going to abuse it at some point and they'll stop reimbursing since the ICA states that they're not responsible for it, but I appreciate that they do it (for now).

Shopper in California's Bay Area
If you can prove your case, you can sue in small claims court with the jurisdiction of the shop you were hired to complete. You would have to serve the corporation OR person in the City AND State they are in. If they are a corporation, then you send a copy of the filing to their office plus their registered office, which you can prove is their registered office. A certify COPY is mandatory to prove up service; If the company does not appear and you win a judgement, you can ask a judge to move the judgement to the M.S. company and you most likely will have to appear in the MS. company state. But yes, you can sue, you can win and you CAN collect.
@jackieblueradio wrote:

. But yes, you can sue, you can win and you CAN collect.

I think it probably works the other way also. A shopper can be held to the contractor agreement he signs with a MSC. A MSC could sue the shopper for breaking that agreement and I'm betting the company could collect.
@Robin2 wrote:

"So, breathing but brain dead is OK?
How in God's name could a shopper sue the wrong MSC?"

Court TV is fake, and so is Jersey Shore, Dr. Phil, and Pawn shows. Judge Judy makes about $47 Million for 52 days work per year. I don't think those on court TV have to be actual judges (just lawyers), but the parties agree to allow TV judges to be arbitrators.

It's dumb and I find it disgusting, and it takes a little more than to be breathing to mystery shopping. If not, it's a bad reflection on mystery shopping companies for hiring bad workers, not on us who have a little education and know how to take photographs, scan and resize, and stay sober enough to evaluated the employees.

We should all sue the dumb a*s who said that on national television.

a judge is just an experienced lawyer.....
@kenasch wrote:

There was a thread about MF paying tolls. I believe it was in the eastern area of US where there are many tolls in cities or between them. I believe NYC and Boston were mentioned and shoppers were getting reimbursed for tolls. I checked my ICA with MF and tolls are not mentioned. In the TV court case they said the ICA states no tolls will be paid. Of course the ICA may have changed since 2013, the air date for the show.

its within the report, there is a question if you had to pay parking/tolls...and it lets you list the amount
@ChrisCooper wrote:

There was a thread earlier this year about an MSC who threatened to sue a shopper for posting on this forum (there were other events leading up to that). The shopper counter-sued. The MSC, which is still unknown, agreed to pay shopper a 6-figure settlement. The shopper wanted to be able to post the name of the scheduler and the company as part of the agreement.

We never heard the outcome. I'm guessing the shopper had to sign an NDA. Hope everything worked out well for the shopper. Does anyone have any more details on this?

how do you know there was a 6 figure settlement..i find that hard to believe....all for trying to prevent a person from posting a name?
@jmitw wrote:

how do you know there was a 6 figure settlement..i find that hard to believe....all for trying to prevent a person from posting a name?

I agree. Hard to believe.
@jmitw, that's what the shopper posted. The poster wasn't suing for non-payment of work performed. There were other events leading up to the lawsuit and the tipping point was the shopper's post on this forum, which is why I'm not linking to it. It could have been a hoax and it could also be that the shopper had to sign an NDA and that's why there hasn't been an update. I'm not trying to convince anyone to believe the poster.

Edited 1 time(s). Last edit at 07/11/2016 05:16AM by ChrisCooper.
I'm not posting the link either, but if memory serves me correctly, the shopper was in an accident or got into a very dangerous situation, reported it to the MSC...they didn't believe him/her......accused him/her of lying.....the whole thing escalated....lawyers involved....hope the shopper made out OK....I believe the shopper reported it was settled.
@SteveSoCal wrote:

If two of the six figures were to the right of the decimal point, I would believe that!

Yeah, the snarky side of me says that, too. But for the shopper's sake I hope we're both wrong.
1. Human Bean is shopped. I am not allowed to tell you who handles the account.
2. Breathing is good. It is preferable to the alternative.I am happy to report this.
3. Lawsuits make my eyes spin. I am leaving this thread alone now... :spineyes:

Gifts of time and love are surely the basic ingredients of a truly merry Christmas. - Peg Bracken
@guysmom wrote:

I'm not posting the link either, but if memory serves me correctly, the shopper was in an accident or got into a very dangerous situation, reported it to the MSC...they didn't believe him/her......accused him/her of lying.....the whole thing escalated....lawyers involved....hope the shopper made out OK....I believe the shopper reported it was settled.

by why was the accident the MSCs fault????? unless the scenario was to be a stuntman or do something illegal that got him shot or assault (like walking out without paying)....ok, so the MSC didn't beleive it....that isn't worth a major lawsuit....at best shopper would be entitled to pay for the shop
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