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Mystery Shopping Laws |
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1. |
Special Regulatory Statutes in Place for Recording
Telephone MysteryShops (
11 kbs) |
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2. |
Special Regulatory Statutes in Place for All Mystery
Shops Performed in the State of California (
14 kbs) |
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3. |
Special Regulatory Statutes in Place for All Mystery
Shops Performed in the State of Nevada (
10 kbs) |
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1. |
Special Regulatory Statutes in Place for
Recording Telephone Mystery Shops |
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There are various statutes and laws that regulate if and when
telephone mystery shop conversations can be recorded. These laws and statutes
vary by state. Governing bodies include State statutes and laws, Federal statutes
and laws, the FCC, and the PUC.
There are four primary areas to be aware:
1. Some states are “no consent required”
2. Some states are “one-party consent required”
a.
“One-party consent” = Only one of the telephone conversation parties
needs to “authorize”
the
recording / monitoring process
3. Some states are “dual-party consent required”
a.
“Dual-party consent” = All parties of the telephone conversation must
authorize the
recording /
monitoring process
b. In dual-party consent states,
each individual being recorded or monitored has to authorize
the
recording / monitoring process – an Employer cannot “authorize”
for the employee being recorded
4. There is debate and possible uncertainty as to which statutes and laws take
precedent when
one state, as an example, is “one-party”
and the other is “dual-party.” The “safest”
methodology
is to use the state requirements of the more restrictive / stringent statutes
and
laws.
It is strongly advised that
appropriate legal counsel be sought to ensure compliance with all recording laws
and statutes.
Some general guidelines can be found:
http://www.rcfp.org/taping
http://www.fcc.gov/cgb/consumerfacts/recordcalls.html
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2. |
Special Regulatory Statutes in Place for
All Mystery Shops Performed in the State of California |
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The state of California has special exemptions / requirements
for “typical” mystery shops performed in the state. National Shopping
Service is compliant with California laws and statutes.
In California, there are four primary areas to be aware:
1. “Traditional” mystery shoppers cannot perform loss-prevention shops
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They have to be performed by a California licensed
Private Investigator or their authorized /
documented
employee
2. Mystery shop results cannot be used as the sole source for disciplining shopped
employees –
Unless the shop was performed by
a California licensed Private Investigator or their
authorized
/ documented employee
3. “Traditional” mystery shops (non-loss prevention) CAN be used as
a part of a shopped
employee’s discipline process
as long as the shop is NOT the sole source of information in the
discipline
process
4. If the mystery shop is used as a source of information in a discipline process,
a copy of the
shop itself must be presented to the
employee
It is strongly advised that appropriate legal counsel
be sought to ensure compliance with all California laws and statutes .
The California statues can be found:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=07001-08000&file=7520-7539
CALIFORNIA BUSINESS AND PROFESSIONS CODE
CHAPTER 11.3. PRIVATE INVESTIGATORS
Article 3 . Regulation, Licensing, and Registration ............ 7520-7539
BUSINESS AND PROFESSIONS CODE
SECTION 7520-7539
7522. (n) (1) A person or business engaged in conducting objective observations
of consumer purchases of products or services in the public environments of a
business establishment by the use of a pre-established questionnaire, provided
that person or business entity does not engage in any other activity that requires
licensure pursuant to this chapter. The questionnaire may include objective comments.
(2) If a pre-established questionnaire is used as a basis, but not the sole basis,
for disciplining or discharging an employee, or fo r conducting an interview with
the employee that might result in the employee being terminated, the employer
shall provide the employee with a copy of that questionnaire using the same procedures
that an employer is required to follow under Section 2930 of the Labor Code for
providing an employee with a copy of a shopping investigator's report. This subdivision
does not exempt from this chapter a person or business described in paragraph
(1) if a pre-established questionnaire of that person or business is used as the
sole basis for evaluating an employee's work performance.
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3. |
Special Regulatory Statutes in Place for
All Mystery Shops Performed in the State of Nevada |
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The state of Nevada mandates a Nevada Licensed Private Investigator
or their qualified and documented employee perform ALL mystery shops in the state.
National Shopping Service is compliant with Nevada laws and statutes.
Because of the above-mentioned state requirement, there may be special supplemental
fees associated with each mystery shop performed in Nevada. These supplemental
fees are in addition to the National Shopping Service per shop fee. These supplemental
fees are dependent on the project size and complexity and may vary.
The Nevada statues can be found:
http://www.leg.state.nv.us/NRS/NRS-648.html#NRS648sec012
TABLE OF TITLES AND CHAPTERS
NEVADA REVISED STATUTES 2005
TITLE 54—PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter
648
Private Investigators, Private Patrolmen, Polygraphic Examiners, Process Servers,
Repossessors and Dog Handlers
NRS 648.012
"Private
investigator" defined. "Private investigator" means any person who for any
consideration engages in business or accepts employment to furnish, or agrees
to make or makes any investigation for the purpose of obtaining, information with
reference to:
1. The identity, habits, conduct, business, occupation, honesty, integrity, credibility,
knowledge,
rustworthiness, efficiency, loyalty, activity,
movement, whereabouts, affiliations, associations,
transactions,
acts, reputation or character of any person;
2. The location, disposition or recovery of lost or stolen property;
3. The cause or responsibility for fires, libels, losses, accidents or damage
or injury to persons or to
property;
4. Securing evidence to be used before any court, board, officer or investigating
committee; or
5. The prevention, detection and removal of surreptitiously installed devices
for eavesdropping or
observation.
(Added to NRS by 1967, 1363; A 1985, 1333)
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