@myst4au wrote:
If you secretly record conversations in Pennsylvania, be aware that Pennsylvania is a 2-party consent state. You need permission from the person you are recording.
I will anticipate the objection that is always raised when this topic comes up ==> "Who will know?", and there are also issues of a reasonable expectation of privacy. I can't and won't tell you what to do, I am simply advising you of the law in Pennsylvania.
@cooldude581 wrote:
So for a while I have been using voice recorder apps for exact timing on my shops and helping with quotations. I have had some trouble with my current one. It usually records in the background but doesn't always. Anyone know of a good app free or cheap one time fee? Or a device that works well from your pocket?
The law enforcer is here. Is that anything like a wannabe message board moderator? It is nothing like grown adults telling other grown adults what to do, but make like they are doing it out of protection for that person. Please. Just simply say, "Hey, I have an ego and I'm important, so I'm telling you what the law is because you are too stupid to figure this out for yourself." Just like if you want to report a post, do it. But you don't have to embarrass someone publically, if they forget and post something they shouldn't have. Send them a private message and let them know. (I'm looking at you @drdoggie00.
) I love you, @myst4au and I'm partially kidding with you.
But yes, you are correct, PA, IL, MD, and handful of other states are 2-party consent states. However, it is NOT illegal to record a conversation that happens in a PUBLIC SPACE. Very few mystery shopping jobs would not require a shopper to go into an area that is not in a public space. There are some that might. If I'm doing an audit at a gas station and the clerk directs me to a back room where the manager is sitting, then it would likely be illegal for me to record a conversation with the manager in that back room because that is out of the public space. It would not be illegal for me to record the conversation with the clerk, who is behind the counter, in a public space. In theory you could have a conversation taking place in a public setting where the circumstances would dictate that it is clearly meant to be private. For example, you're in a store and a manager is standing with a group of employees off to the side speaking with them. Recording something like that could be an issue - but it won't be.
I don't know if it is older people here or what, but seriously, with literally everybody having cell phones, people record EVERYTHING. Go to YouTube and look up your favorite store. You'll find videos of people recording both video and audio, even in 2-party consent states.
Now, whether in a two-party consent state or not, if a business has signage that says no recording, you could get into trouble if you violate their store policy. For instance, it is common for resellers to record their picking adventures at yard sales, flea markets, estate sales, etc. I've got one estate company I deal with who always has signage that no video or audio recording is allowed without permission. If they find you doing it, they can ask you to leave. If you do not leave, you can expect the police to be called and to be charged with trespassing, assuming the cops feel like doing their job, which is a whole other matter.
There is the truth.
Then there is the right thing to say.