Can Mystery Shoppers Legally Record You?

When it comes to customer experience research, states have different laws regarding video and phone recording. In states with single-party consent laws, it is generally permissible for mystery shoppers to record their visits. However, in two-party consent states, other options for strategic results should be considered. Independent or third-party sellers often hire consumers to conduct retail transactions and provide a detailed record of the experience.

Unless the mystery shopping company is recording in the bathroom, they do not need your permission to record the store. A mystery shopper is an individual employed by an agency, retailer, or industry critic whose primary purpose is to assess the level of customer service offered within their establishment. Mystery shoppers can observe and report on normal customer experiences, as well as ask specific questions or act as difficult customers. If you are considering using a voice recorder for your mystery shopping visits, there are some basic concepts about recording conversations that you should be aware of.

Mystery shoppers are sent to a variety of service-based businesses, such as stores, restaurants, banks, and apartment complexes. Before entering the store, they will prepare and record the visit so that they can capture the audio of the entire visit. The buyer must provide an audio clip of the visit in the report being submitted. Mystery shoppers are not hired to give reviews, but to evaluate a company and its employees from a customer experience perspective.

Recorded video can provide very clear insight and irrefutable evidence about customer experience and staff behavior, but understandably, staff may be more sensitive to its use.