bestmark has a new client

Create an Account or Log In

Membership is free. Simply choose your username, type in your email address, and choose a password. You immediately get full access to the forum.

Already a member? Log In.

I checked their website. They used to have dozens on shops in my state. They didn't have a single shop posted! I was surprised and disappointed. I had really enjoyed their professionalism.
The electronics shops? The gun shops? The photos of signage shops? I've noticed THREE new types in my area. Wahoo.

MegglesKat
if you are talking about the one for a good cause, then I did one already. It was easy and the report was easy, the simplest shop yet.
yeah, this one. There are about 20 or more in my area. How long did it take? I have not read the shop instructions yet.

eta: read the instructions. So we have to take a photo with employees or managers? I don't really feel comfortable with that. This seems like a reveal shop.

@7star wrote:

if you are talking about the one for a good cause, then I did one already. It was easy and the report was easy, the simplest shop yet.


Edited 1 time(s). Last edit at 02/19/2017 04:38PM by eyelove2shop.
It took about 20 minutes, but could've been less. It should only take 10 minutes. The photo thing is awkward. I didn't reveal myself as a mystery shopper. Rather, a representative for the cause. The report was so easy--maybe 5 minutes.
I did four shops for the "good cause" and they were great shops. Instructions were only a couple of pages (versus 10-20) and the evaluation was just a couple of questions. I cannot list the name of one of the places/retailers...but of my 4 shops, 3 were with the same retailer, just at different locations here in town. The problem: their Corporate policy absolutely does not allow them to pose or appear in pictures or video and the manager and every associate will tell you this. I am hopeful my four shops will get paid, as I cannot control a companies corporate policy and if I had covertly taken a picture of the employee and/or manager it would probably cause problems between the good cause company and the retailer. If you can get these shops - snatch them up. They are fun and really easy!!! Honest
I did many shops for BestMark last year and in January, and very much enjoyed shopping for them. However, has anyone else noticed that shop instructions (on many shops) have changed?

Edited 2 time(s). Last edit at 01/26/2018 05:11AM by FrostyBubbles.
I had to ask for permission before taking the photo.

I agree that they have too much paperwork to fill out for the small amount of pay. They advertise a car dealer shop for $14. For me that isn't worth the time to get there, stay, and then to fill out the paperwork. I do enjoy working for them but am very selective.

The battery shop sounds like a bear to do and for me it wouldn't be worth all the things you have to do between 5-7.
Hi 7star! the battery shop was not like this when I did one (with the same retailer) previously

Edited 1 time(s). Last edit at 01/26/2018 05:13AM by FrostyBubbles.
@FrostyBubbles wrote:

The shop summary is exactly the same as it was last year, but don't be fooled! If you sign up for a shop that requires a phone call prior to the visit - you must use their call recorder (which is fine with me - they will be the ones that will get in trouble legally because they are recording a call without notifying the person on the other end and getting their permission.....did they not ask their lawyers about this???). And once you hang up from the call you must immediately fill out that part of the survey. Not 30 minutes later or later that day after you do the visit - you must fill it out as soon as you hang up (so factor that into your schedule).
You don't know what has been discussed between the MSC and their client when setting up their MS'ing program. Many clients/businesses have their employees sign an agreement that there is a possibility of them being videotaped and/or recorded while at their workplace. That covers any legal issues.
In several states, it does not matter what is discussed, it is against the law and is a criminal offense which could include a fine and up to years in prison. There has to be a statement as soon as the the call or in person shop starts that it is being recorded and both parties must agree on the tape/video. A video tape attached to a ceiling or corner inside a business is one thing, but to secretly record a conversation without their consent in that conversation (in some states) is illegal.
Just an FYI - this is copied from criminaldefenselawyer.com:

More Protective State Laws Not Preempted

But, state laws that afford greater privacy protection to citizens than the Wiretap Act are not preempted by the federal law and their provisions will be enforced.
In twelve states, no person may record a private communication without the consent of every party to that communication. Thus, no surreptitious recording is allowed (with exceptions for law enforcement officials who have obtained warrants to make such recordings). The states with these laws are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
Penalties

Anyone who violates federal or state recording laws may face jail time, a fine, or even an order to pay damages in a civil lawsuit.
Criminal Penalties

A person who violates the federal Wiretap Act faces a possible sentence of up to five years in prison, a fine of $500, or both. (18 U.S.C. § 2511.)
A person who violates a state law prohibiting secret recording of conversations will face the penalty prescribed by that law. Virtually every state imposes some criminal penalty for violations of its secret recording law. For example, a person violating California’s law faces a possible misdemeanor conviction, a one-year prison sentence, and a $2,500 fine. (Cal. Penal Code § 631.)
Civil Penalties

In most states where taping someone who hasn't consented to the recording is illegal, the recorded person can sue the individual doing the recording. Damages are available to a person who wins such a civil lawsuit.
See a Lawyer

Secret recordings carry real risks, and the repercussions vary from state to state. Consult a criminal defense lawyer in your state to find out what the law is and what the possible penalties are for violations before you consider secretly recording any conversations.
@FrostyBubbles

I am afraid you are quite mistaken.

You are correct that there are 12 states in which all parties to a conversation have to consent to it being recorded. I do a LOT of video work in these states, so I'm fairly well versed on the subject. What you are failing to understand is that in these places part of the employment contract includes consent.

For instance, if you are in Florida and work in a call center, all of your conversations will be recorded. Always. So call centers, when they hire someone, have them fill out a consent form that all of the phone conversations with the company will be recorded. Many companies that record all telephone conversations in those states, not just call centers, have these type of forms signed. This covers ANY conversation they have on their work phone. There is no need for a mystery shopper to then inform them again that a conversation is being recorded. They have already consented to the recording of the conversation.

For instance, one of my clients has franchise locations in 2 party states. The MSC has to keep very close watch on which franchises in those states have their employees sign these forms when they are hired and which ones don't. The ones that have them signed we do video shops, the ones that do not have them signed are written shops only.

If a reputable MSC offers you a telephone shop with a recorded call or a video shop in a two party state, you can be certain that the client has indeed had their employees sign consent forms that allow the recording.

There are reasons that a body stays in motion
At the moment only demons come to mind
@Sybil2 wrote:

Many clients/businesses have their employees sign an agreement that there is a possibility of them being videotaped and/or recorded while at their workplace. That covers any legal issues.

Actually video is an entirely different animal. Video is legal almost always except in places where there is an expectation of physical privacy (restrooms, locker rooms, etc). It's the accompanying audio that's the issue.

There are reasons that a body stays in motion
At the moment only demons come to mind
@bgriffin wrote:

@Sybil2 wrote:

Many clients/businesses have their employees sign an agreement that there is a possibility of them being videotaped and/or recorded while at their workplace. That covers any legal issues.

Actually video is an entirely different animal. Video is legal almost always except in places where there is an expectation of physical privacy (restrooms, locker rooms, etc). It's the accompanying audio that's the issue.
I was talking about general videotaping on company premises. I am not talking about the type of videotaping that you are doing. I had to sign an agreement for my company. They have a bunch of scenarios listed in the contract just to cover themselves.
@bgriffin wrote:

@FrostyBubbles

I am afraid you are quite mistaken.

What you are failing to understand is that in these places part of the employment contract includes consent.
QFT
LOL - of course call center telephone calls are all going to be recorded. No discussion needed there. But who is going into a call center for a mystery shop - what are you shopping for when you go to a brick and mortar store that is a call center? Are we shopping for their used desks, chairs, phones, etc. It actually states in their recorded voice answering system for all call centers and help desks that calls are recording for quality and training purposes. Therefore, as I stated in my comment - both parties must be aware and agree. If someone is calling a call center or help desk and does not want to be recorded, they just hang up. On the other hand, if you go into a financial institution, bank, healthcare facility and MOST (not all) businesses, in those states mentioned previously from a criminal attorney's website - you cannot audio record without informing the other party and getting their consent. I still stand with the word, educational level and knowledge of an attorney, who is an expert in this field. I would be curious as to where you all got your law degree?
A call center was just an example. What you are failing to understand is that consent is required but not necessarily at that time or on that call.

I'll give you another example.

There is a car dealer who has their locations in Florida video shopped. When their employees are hired part of their paperwork they sign at the beginning of their employment is that they consent to be audio recorded at any time on company property or on their company telephone.

When I make a recorded phone call to that dealer I am not required to get consent again. That consent is already covered by the consent form they signed when they were hired. Likewise, when I arrive onsite, I do not have to have consent again to record our conversation because that consent is again covered by their employment contract.

My guess is that if you asked an attorney about this you failed to mention the terms of the employee's contract.

There are reasons that a body stays in motion
At the moment only demons come to mind
Also, the reason you hear that recording when calling into a call center is because they don't want to have to worry about where the call originates. You could be in Florida using a cell phone with a Texas number. They do it to cover their butt.

The call center employees do not hear that recording.
Because their consent is covered by their employment contract.

There are reasons that a body stays in motion
At the moment only demons come to mind
I think reading comprehension may be the issue here. Not who has a law degree and who does not.
@Lu Ann wrote:

All i ever see is the $14.00 shop for doing 2 depts which is toooo much work!!

Yes, here too. And you have to make a purchase which isn't reimbursed. Pass!
I completed two of the good cause assignments. They were super easy and in a location that I often frequent, they were all walking distance from me too. There is no purchase required for these shops but I purchased a bottle of water during one of the shops to hear if the employee was promoting the good cause campaign.

Unfortunately, you can only self-assign one shop per day so unless you call and ask to be assigned you can only do 3. I'm okay with that, very easy $30. And the best part is that bestmark pays weekly!!!
Sorry, only registered users may post in this forum.

Click here to login