Hi everyone,

My first post here. I've been doing mystery shopping for about five years now, but only on a very casual basis - I go in spurts where I'll do a dozen shops in a two week period and by that time I'm so sick of Applebee's (or whatever) I stop signing up and forget about it for months at a time. Then at some point I get a phone call from the MS companies I do the most work for begging me to take a last-minute shop, which I almost always do, and I wind up signing up for a couple more and then a couple more, and two weeks later I'm once again so sick of (whatever) I could scream. Rinse and repeat.

Anyway. I have almost always done fast food and restaurant shops, with only brief forays into retail now and again. I've never before done a shop that requires a phone call - until now. One of the major stores I do a lot of work for has introduced to-go or takeaway service, where you call in your order in advance and then pick it up. Of course the concept is very interested in finding out how this is working for them, so I got the phone call.

I signed up for a few shops and took a look at the info they're asking me for. A lot of it is very, very specific and will take place over the phone. I'm starting to worry that I won't be able to remember every teensy detail after I hang up. Of course I can jot some of it down while I'm still on the phone, but I know it's going to be more difficult than I think to juggle a stop watch, notepad and pencil, phone, and still be able to hold a casual conversation as well as do the quick thinking that is sometimes required when your target doesn't respond the way they're supposed to and you have about 5 seconds to think of an alternate way to get the information out of them without looking like that's what you're doing (I'm sure everybody here knows exactly what I mean).

I was wondering, as the subject of my post states, if it's legal to record a phone conversation without telling the other party that you're doing so. I'm almost positive the restaurant will be recording ME - but can I record THEM and not say anything about it? Is this covered by Federal law or does it vary from state to state? I'm in New York.

If it IS legal, does anyone have suggestions as to how I can go about recording a phone conversation without having to go buy a $100 piece of equipment? I don't have a tape recorder or anything like that.

If it's NOT legal, I could use some suggestions on how else to make sure I accurately note down everything I need to tell the company.

Thanks for any advice!
chaospearl

This is a touchy subject depending on where you live it can be legal or not. In CA there are different requirements. You need to check in your state to be sure.

Hi, chaospearl. What I often do when I think there might be details I'll miss, is record MYSELF. I hit "record" on my Droid, and throughout the shop, sometimes I'll repeat what they've said, in a very natural way. (Or say something to "cue" me). At the very least, hearing myself often serves to remind me of the progression of the shop. I'm often able to fill in the blanks just by hearing my own voice, if that makes sense. As to your question re: legality, I believe it varies from state to state, but obviously, there is no law about recording yourself! The other good thing about this for me, is that it's a handy way to do the timings.

In the past, I have looked into phone recording devices and services (there are several advertised on the web), and I've found it to be a pretty expensive proposition for one-off situations.

You get better at recalling tiny details with practice. I agree, it depends on the state you're in. Also, since my state requires both parties to know they're being recorded and agree to it, it doesn't wash when the MS company says something like "all of their employees know they can be recorded anytime." That doesn't cut it with a specific phone call on a certain day and time. You'll need to talk to someone in the know in your state specifically.

There are 14 states where the consent of BOTH parties to ANY conversation is needed to record the conversation. If you or the other party is in one of those 14 states, you cannot record their end of the conversation without their consent. That's why, when you call some businesses, there is a message up front that says that "This call may be recorded for xyz purposes." By continuing with the call after you hear thatyou have consented to being recorded. Obviously, the employee on the other endo of that call must also have consented, probably in the terms of their employment. If both parties have consented, record to your heat's content.

The problem being while doing msing, they cannot know there being recorded, therein lies the problem. My state CA, you have to have their consent.

Here's a state-by-state guide:

[www.rcfp.org]

That's a great resource. Thanks for posting it.

nicelytwicely Wrote:
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> Here's a state-by-state guide:
>
> [www.rcfp.org]

Thanks for all the replies. I'm in New York, which is a one-party consent state, so I'm good to record any of my MS calls as long as the employee is also in NY.

I'm still running into issues trying to find a low-cost method of recording, though. My cell phone is a rather old model that does not have recording capability. It doesn't have a touch screen or "apps" or games either... I'm just lucky it has a full keyboard! With the phone I had for years before this one, you had to press the same key a couple of times to get to the letter you wanted.

Every time I think about splurging on a fancy new phone, I remember that in about six months my "new" phone will probably be obsolete again and I'll have spent a hundred dollars on technology that my little sister laughs at.

External microphone to a DVR. Some are small enough they can nestle in your ear without hampering your hearing the call. The cord goes over the glasses side piece and/or over the ear to keep it out of the way.

Regarding the list at the site posted by Nicely...
There is an additional two party state: Delaware. The list is, unfortunately, a bit out of date. However, the site also has a ton of useful information.

They make certain hardware recorders specifically for this purpose. You can buy a cheap coil recorder for around $5.

Also, if you're on a cell phone: Call a phone that has speakerphone capabilities, answer the phone, put it on speaker, place a standard recorder by the speakerphone, then do a three-way call.

You can also sign up for a service like spoofcard. They offer calling ID spoofing and call recording. You call their number, place your call through them, and they'll record it for you.