@scanman1 wrote:

There is much confusion and grey areas about recording in "public" and wiretap phone call law that has been co-mingled and there are even some states that have court cases that have gone both ways. If you are in a public place and are recorded, it is not the same as if you are recording a telephone call that has an expectation of privacy.

I think people are taking this too far. Two party state = don't share your personal recordings.

Also, if you call into a company and they play a recording before you can speak to a representative that states that YOU ARE GIVING CONCENT for them to record the call then the concent is a two way street. You are also allowed to record the call as they have given concent to recordings!

I totally agree with this. I'm in a two-party state, but have read up fairly extensively on the statute's interpretations in my state. From what I can tell, there are several instances in which recording an interaction without the other party's knowledge is allowable. As noted above, when people are in a public place with no expectation of privacy. Or something is recorded for your own personal use and not to be given to or shared with another party. Or the recording is not to be used for illegal purposes. A specific exception was noted in cases in which you're recording for your own education (such as recording professors' lectures).

And I also agree that if you consent to being recorded, you probably have the right to, in turn, record the call on your end.

To me the take away is to familiarize yourself with the laws in your jurisdiction. Among the two-party consent states the statutes are not identical and can often be interpreted different ways which is why so many have associated court cases. It won't stop me from issuing a general warning to be cautious. After that it's on the individual.

If you find out, please let me know! I had 212 shops under my belt for an MSC - all with branches of the same bank which covers a 3 state area. One employee was clueless. She wanted me to see an investment banker to open a checking account. I call them the way I see them. I have been shopping for 11 years and over 4 years for this particular MSC, client, and scheduler. The employee lied and said I rushed her and they cut me off. That was 3 years ago. I have applied for shops with other clients of this MSC and the requests are never answered. They just disappear from my app page.

@AustinMom wrote:

Actually, it's only been two days since the OP;'s post. Not everyone is like me, visiting the forum daily. There are forum members who, believe it or not, manage to go a week or longer between visits here. The OP may be back in a few days ..... or not .....

I am one of those!

I guess I've been lucky with my bank shops. Plenty of time, the employee did everything they were supposed to do. So the reports were good. However, I'm in a one-party state so I record every shop I do with a smartphone sitting in my shirt pocket. More to be able to check timings and give exact quotes than for any other reason. In a situation like yours, I would tell the MSC that I had taped it and would be glad to send them the audio file for confirmation of who said what.

I had a similar situation with Satisfaction Services. I always did report in detail, submitted on time and would shop on a moments notice to help them out. I made a mistake entering the wrong report. I entered the report from the last time I shopped this client instead of the one I intended to submit. When I was made aware of my error I immediately forwarded the correct report. They say I copy and paste but I don't. I called several times and they are giving me the run around saying they have to speak to the boss. I think this whole mess is unfair treating me like a criminal. I made an honest mistake and when alerted to it immediately gave them the correct report. Why in the world would I submit a report from the last time without changing dates, times and names?

The company was athPower. I will try to challenge the decision higher up. And yes, I have done more than 100 shops for them over a year.

I have done a ton of bank shops. The only time I have been challenged is when I wrote a scathing but accurate report- the bank challenged it and said I was rushing. I did the shop the same way I've done it in the past. So instead of training the bad employee the branch manages to get the audit tossed out. What's the point??

Why even bother using MSCs if their not going to take their subcontractors word who is working hard to capture the entire experience? What reason does a MS have to lie on their forms, your not getting paid extra to give employees bad marks? There are a few horrible MS that probably tortured little animals as children and work in this Industry so they can bully employees even if the employee is kissing their rings.


Once again the Banking Sector is not known for paying wages above Minimum Wage, the only time their employees get a raise is when Congress or your State move's the Min-Wage up! I knew several people who worked as a "Teller", "Loan Officer" comparing what wages per hour each made. Someone working at Costco for $17.00 a hour made more money than their bank's assistant manager. Banks and Credit Unions don't compensate their employees so "Bad Shops" mean a lot to their entire team. This is something you should take up with the bank's corporate office because their paying for shops and if all they want are fraud lent "Perfect Shops" while terrible employees push potential customers out their doors, so be it!

I record every shop as well, whether is legal or not. I have something to back up what I say. I have had to use that audio a couple of times to prove something. It also helps me when the MSC comes back four weeks later and asks for more information on what was said...exactly.

I agree with PasswordNotFound. And if the company still will not reinstate you, wait six months to a year and try again.



Edited 1 time(s). Last edit at 01/30/2016 12:09AM by alannajm.

MSCs ought to take in consideration how much harder it is to write a bad report than it is a good one. Having to comment on every "no" answer in the narrative can be quite time-consuming. I love it when they do everything right on a shop. Not only does it make me feel good that the location I am shopping is on top of their game and might be rewarded for doing a great job (bonuses or even a good ole' "attaboy" comment). Why would we go out of our way to write those additional details and take extra time which = money? If we wanted to falsify something, we would breeze over everything with fuzzy, warm "yes" answers and minimal narratives. Geez.

Isn't illegal to record someone without their knowledge.

If you are in a two-party consent state, it is illegal to record a conversation with the approval of both parties. In most jurisdictions, it is a felony offense. Everyone is of course free to assume whatever level of risk they choose. I personally choose to avoid committing felonies.

@Joy1228ce wrote:

Isn't illegal to record someone without their knowledge.

Hi Jay225,

In some places this would be illegal. That is awful advice unless they are positive it is allowed. Further, this would be quite time consuming and a waste of time.

Ughhh I know how this feels. I did a BANK shop and the banker was very rude and sarcastic to me from the bat. I then was told by the MSC that I was spotted as the shopper and could no longer do work for this client. I knew right away who it was. I could never understand this.. If he did somehow think I was his shopper, why not be friendly and do the job correctly to get a good grade on your report rather than have an attitude with me? It has now been 3 years and I still cannot do those shops. It is so upsetting... I am constantly afraid of giving bad reports now because it could mean my livelihood! If I am hired to do a job, let me do my job!

I use a voice recorder on my cell phone...either place it on a desk or in a shirt pocket. Use it to be more detailed or to verify details. If it were me in the OP situation I would not disclose I had a recording but instead state the conversation verbatim. Certainly enough to shake things up a bit.

I know this MSC . They would rather sacrifice one mystery shopper to keep the client happy. They should pull the video tapes and see if the OP was rushing - verify that the times in the report were correct. That's an objective measurement.

@jay225 wrote:

i think it's KEY to audio record all shops too. very easy to do with an app, and would come in handy in a situation like this.

In all honesty, can you really blame any MSC that would do the same thing? Whether we like it or not, shoppers can be easy to come by for most companies, clients are not. IMO, it is actually the client who is being shortsighted and a perfect example of the customer is not always right.

@nmary wrote:

I know this MSC . They would rather sacrifice one mystery shopper to keep the client happy.

@CJT wrote:

I record every shop as well, whether is legal or not. I have something to back up what I say.

The bad and sometimes illegal advice floating around on this forum just baffles the mind at times. I wish they would start cracking down on this type of behavior. It gives the rest of us a bad name.

Absolutely. I audio record every shop I do. 2 years ago I did a platform shop. The associate was very rushed, never used my name, did not engage me in any rapport, did not thank me and the list goes on. Upon receiving my report, I was sent a email from the president of the MSC stating that my shop would not be accepted because the bank employee and the employee's supervisor disputed my shop. It was my first shop for this MSC so I had not established a positive or negative reputation with them yet. The MSC president said the shop must have been a "fluke" because this employee had always received exceptional shop reports in the past and it just wasnt believable that the employee could have made so many errors. I replied to the email and stated that my shop was not a "fluke". I reported the facts exactly as they occured. My saving grace was my audio recording from start to finish. I received a personal apology from the MSC president and was praised for the accuracy of my report. It was very stressful to basically be called a liar. As shoppers, we do need " evidence" in cases like this. My scheduler for that shop was amazing throughout the entire process. I had worked with her for other MSC's for years and she went to bat for me before I sent in the audio recording and supported me during the dispute process. I live in Texas so I am fortunate it is a one party consent state.

Shop-It is a great app. It is under Mystery Shop-It Timer and Notes in Google Play Store. I also used it when I had my iphone. The developer, Doubleknot Designs, is great with personal communication should you have any issues but I dont do any shops without it!

@sassyshopper wrote:

Shop-It is a great app. It is under Mystery Shop-It Timer and Notes in Google Play Store. I also used it when I had my iphone. The developer, Doubleknot Designs, is great with personal communication should you have any issues but I dont do any shops without it!

I'll have to check this app out. I use the Voice Recorder app on my phone and it does the job but would love something more robust. I record all shops (I live in a one party state) as I find it a lot more inconspicuous than a timer, and that way I get exactly what the CSR says.

This app marks your times with a tap of your finger, audio records, takes pictures, and you can take notes all while looking like you are text messaging. Well worth the $1.99 and as I said, the developer is there to assist you with anything. Great, down to earth, friendly people.

I was always told that it is illegal to audio record conversation in the bank. Otherwise, I would be on board.

@sassyshopper wrote:

Absolutely. I audio record every shop I do. 2 years ago I did a platform shop. The associate was very rushed, never used my name, did not engage me in any rapport, did not thank me and the list goes on. Upon receiving my report, I was sent a email from the president of the MSC stating that my shop would not be accepted because the bank employee and the employee's supervisor disputed my shop. It was my first shop for this MSC so I had not established a positive or negative reputation with them yet. The MSC president said the shop must have been a "fluke" because this employee had always received exceptional shop reports in the past and it just wasnt believable that the employee could have made so many errors. I replied to the email and stated that my shop was not a "fluke". I reported the facts exactly as they occured. My saving grace was my audio recording from start to finish. I received a personal apology from the MSC president and was praised for the accuracy of my report. It was very stressful to basically be called a liar. As shoppers, we do need " evidence" in cases like this. My scheduler for that shop was amazing throughout the entire process. I had worked with her for other MSC's for years and she went to bat for me before I sent in the audio recording and supported me during the dispute process. I live in Texas so I am fortunate it is a one party consent state.

You were reviewed on video, any bank shops and ALL bank shops are looked at, if it's the bank I think it is, shoppers get deactivated all the time, that's why I backed out of it after a "couple" of shops.

This happened to me recently. The banker told the MSC that I interrpted him while he was with another customer. I asked them to pull the security tape to show that I did nothing of the kind. I heard nothing back from this MSC that I had shopped successfully for over a year. Dont we shoppers deserve the decency of at least a call back about these situations and shops that we are not being paid for? I stopped accepting shops from this company

I agree with you, we do deserve a explanation, I have been with a WORLD WIDE company for 11 years, and just got deactivated for no reason. Sort of glad, I am sick of going to same places, maybe I have been "discovered" as their shopper, but after 11 years???? Seems like I would get a explanation.