Vince, I am referencing the Shopper Policies and Guidelines you signed off with the actual MSP upon signing up as a shopper for the company, not the instructions for the specific mystery shop. The Policies and Guidelines you signed off on most likely ARE legal guidelines, which is why you're required to sign off on them upon entering their system, regardless if you read them thoroughly or not. I wouldn't doubt that there is a safety net in there for this MSP (and other MSPs) for when situations like this, entirely out of their control, occur during a shop. Unfortunately, and I'm sure this is an anomaly, this could happen to shoppers while on the job. As I mentioned earlier, it could have happened to ANYONE... it just so happened to a shopper.
I understand that we're just going in circles and your opinion is not swaying, and you still expect that the MSP and client are both to blame, but I'd suggest taking a step back, and taking a view at the situation with less heat and a level head. As someone else mentioned, is the MSP to blame if you get food poisoning after completing a restaurant shop? The MSP did not prepare the food, nor did they teach the cooks how to gauge if the food is cool thoroughly. What if you trip and fall on a wet floor during a retail shop? Was it the MSP's fault that it wasn't mopped properly and/or you walked directly on the slippery area? On an auto sales shop, what if a sales associate backs a brand new car into your current car? Was the MSP responsible for the driving of the sales associate? You get my point.
My point is that, there is no way that the MSP had control over the situation. You think that all auto repair shops belonging to this client are run exactly the same across the country? Doubtful. This is actually a perfect example of WHY mystery shopping programs are in place, and I think you've lost sight of this. The client needs to know of these happenings so they can handle as necessary.
So, in response to your twofold contention:
1) The shop actually was a "free brake inspection shop" before you handed over your credit card for payment. It really just boils down to the fact that you should have refused paying for work you didn't authorize. Honestly, they may even have it all on video you could use as proof. The MSP had no control over what the associates did/did not do, and in no way, shape or form was the MSP to have any idea this could/would be the case. Again, this is why mystery shopping programs are in place. I'm sure for the hundreds of other shoppers that have done this same shop, the majority of them actually did just get a free brake inspection... I don't see any other complaints about this on the forum...
2) Something tells me that the situation wasn't approached appropriately with Intellishop. You're contractually prohibited from contacting a client about A SHOP. You're not contractually prohibited from contacting the client about an experience you had as a regular customer. If I were you, I would've simply not told the client I was a shopper and that this had occurred during a shop. Obviously, if this was all explained in your mystery shop report the client would eventually find out it occurred during a shop, but then what? The worst that could happen is that you're no longer able to mystery shop at that particular location since your cover is blown.
Anyway, sorry to beat a dead horse.
@vince wrote:
@BamBam33 wrote:
Vince, what does Intellishop's Shopper Policies and Guidelines say about legal responsibility for issues arising during a shop? You signed up for the shop, knowing you could be exposing yourself to bad service, long wait times, an unpleasurable experience, etc.
thanks much. i greatly appreciate your input.
it's my understanding that the law has greater authority than mystery shop guidelines. nowhere in the mystery shop guidelines does it state that a mystery shopper need submit to a client's legal disobedience. for example, a mystery shopper need not submit to an illegal sock in the nose from a client simply because they are performing a mystery shop and agreed to a set of guidelines. mystery shop guidelines do not override the law or waive one's legal rights. in this particular case, the client's legal violation incurred financial damages.
my main contention with intellishop is twofold actually:
firstly, intellishop did not accurately/completely represent the financial risks of this shop, instead representing their client as offering a "free brake inspection shop". this negligence in the representation of their client has rendered financial damages in the amount of $300.
secondly, intellishop dropped the ball when asked to correct this issue directly with their client, since i am contractually prohibited from contacting the client myself after performing the shop. i had offered the opportunity to intellishop to correct this issue before pursuing stricter options.