normally, i would agree with you. however, i suggest that the MSC exercises complicit awareness of it's client's violation when it first becomes aware of that violation and thereafter fails to pro-actively hold it's financial partner/affiliate legally accountable.@Jay C wrote:
I agree the cheaters should be exposed but I find the belief of the OP that the MSC is responsible for fraud to be ludicrous. The client location is guity of fradulent behavior and the client's corporate office or franchiser should make good.
entirely true. i am restricted from contacting the client directly due to contractual obligation. this is why i had granted intellishop the opportunity to resolve this issue directly with their client. however, they dropped the ball. since the law itself has greater authority than the confidentiality contract, adherence to such a contract may therefore be interpreted as an obstruction of justice if it impedes the collection of a financial debt. the confidentiality contract is therefore then appropriately discarded to legally fulfill financial recovery. the higher law trumps the lower law. the confidentiality contract loses the power of it's force.@ wrote:
The above is a bad idea, because the OP signed a ICA that included a confidentiality clause. He violates that clause if he identifies himself to the client location as a mystery shopper, or, worse, shows them an e-mail from the MSC.
the work order was never signed at any time, neither before or after the fact. i have copies of unsigned work orders.@ wrote:
I wouldn't have signed the work order and paid it in the first place,
all three of these are in process.@ wrote:
but a call to the Better Business Bureau, communication with the main client location, or a dispute with the credit card company would have already ended this.
thank you so much for your support. i purposely avoided escalating this issue by not involving the police, instead preferring a litigation approach if necessary. i could've called the police, but that would likely have inflamed the issue, as the police would just direct the issue back into the courts at best.@Ladychancellor wrote:
I'm so sorry this happened to you, Vince; and am glad you posted it so that others can beware! This was truly a horrible thing and I know what you mean about the company holding your car hostage to force you to pay to get it back!
@imsuzie2 wrote:
Hi all
Vince, thanks for sharing the experience, and everyone else for your imput.
Hugs
@vince wrote:
thanks much. i greatly appreciate your input.@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.![]()
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.
@winemaker wrote:
Or, IS just doesn't pay for the yellow auto repair (exhaust system) locations. IS is just about the sleaziest MSC out ther.
@MDavisnowell wrote:
I'm not taking issue one way or the other about Intellishop's reputation. Everyone has their own opinion.
The problem I have with this post is that if a forum member made a post about another forum member saying they were sleazy, that post would be addressed by the moderators. But -- it's okay with the moderators for a forum member to say an MSC is sleazy. Double standard? Or perhaps no standard at all?
@winemaker wrote:
Or, IS just doesn't pay for the yellow auto repair (exhaust system) locations. IS is just about the sleaziest MSC out ther.
@BamBam33 wrote:
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:
thanks much. i greatly appreciate your input.@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.![]()
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.
@winemaker wrote:
Brian, you must work for Intelli-Shop...hmmm , well, now that I think of it, you do!
fair enough. however, since the MSC is complicitly aware of their business affiliate's legal violation, i expect them to pro-actively take steps in correcting it. i'm already pursuing compensation indirectly with the yellow shop in the meantime. thanks for your comments.@BamBam33 wrote:
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.
thank you, that's good advice. i won't give anyone access to my car for a mystery shop in the future. nor to my home. or anything that i own.@res820 wrote:
Frankly I would find a $300 issue to be rather major. And I have been doing Mystery shops for more than 10 years.
But I do think you have to review shops the same way you would any service. For example I don't choose to let Jiffy Lube to do anything to my car, so I skip those shops. I recently was offered a hotel shop but it was for a Red Roof Inn, and I won't stay in a Red Roof if I am on my own dollar so I am not going to do a shop involving one. I think you have to use your judgment and review the shops carefully.
i'm still getting my money back.@Michshopper wrote:
Take it on the chin and move on.
hit or miss.@alannajm wrote:
I've never had any serious problems with the brake inspection shops.