Insurance Agent Forum

[robliano]

The question is:

Is it legal or ethical for a newbie to listen in on a live call as a training tool?

As in, agent/client/newbie being quiet on the phone together live.

[robliano]

See above

[moonlightandmargaritas]

How else are they gonna learn? Tape 'em and play back redacted versions?

I don't see a problem with it (unless I'm ignorant of some legal implications), as a matter of fact I think it's a good idea.

[robliano]

Originally Posted by moonlightandmargaritas

How else are they gonna learn? Tape 'em and play back redacted versions?

I don't see a problem with it (unless I'm ignorant of some legal implications), as a matter of fact I think it's a good idea.

exactly what I was thinking, however, many do it live from what I've heard so that the newbie hears everything.in real time

[Frank Stastny]

That is a strange question coming from someone who professes to have an awesome training program for agents, isn't that what you do?

One would assume that you would have already checked that out with you first started training agents or is this something you just thought of adding to your training program?

When I hired and trained agents that is exactly what I did along with recording conversations. Before I did though, I checked Missouri law and it is legal to do so in Missouri.

Specifically recording phone calls. Missouri law does not require you to inform the other person the call is being recorded, at least they didn't at the time I was training agents.

[SportsNut]

I am familiar with an agency that calls live during a webinar, with as many as 30 to 50 ppl on the line listening; and muted. Of course all on the line are licensed agents, or should be.

The calls are made to internet lead prospects, and initially in the call when the prospect has agreed to proceed with the call, the caller says, "I need to inform you that this call may be monitored or recorded for training purposes", and goes on. We have all spoken to someone on the phone who has made such statement, and it is SOP. We simply don't question it. I never heard one person question this and I would say I listened in on well over 200 live calls.

The agency's legal counsel has blessed the practice as long as the statement is read. Never been a hitch to my knowledge.

[robliano]

Originally Posted by Frank Stastny

That is a strange question coming from someone who professes to have an awesome training program for agents, isn't that what you do?

One would assume that you would have already checked that out with you first started training agents or is this something you just thought of adding to your training program?

When I hired and trained agents that is exactly what I did along with recording conversations. Before I did though, I checked Missouri law and it is legal to do so in Missouri.

Specifically recording phone calls. Missouri law does not require you to inform the other person the call is being recorded, at least they didn't at the time I was training agents.

I do not allow someone on the phone live with me. As I train in many states I figured that way it's better to be safe than sorry.

Also, I am always trying to expand the training and offer more value to the agents in an ongoing manner.

I appreciate your input.

[robliano]

Originally Posted by SportsNut

I am familiar with an agency that calls live during a webinar, with as many as 30 to 50 ppl on the line listening; and muted. Of course all on the line are licensed agents, or should be.

The calls are made to internet lead prospects, and initially in the call when the prospect has agreed to proceed with the call, the caller says, "I need to inform you that this call may be monitored or recorded for training purposes", and goes on. We have all spoken to someone on the phone who has made such statement, and it is SOP. We simply don't question it. I never heard one person question this and I would say I listened in on well over 200 live calls.

The agency's legal counsel has blessed the practice as long as the statement is read. Never been a hitch to my knowledge.

Thanks, now I just need to find out in what states that is necessary.

[robliano]

Someone told me that it was a HIPAA violation. That raised my curiousity.

[SportsNut]

Originally Posted by robliano

Someone told me that it was a HIPAA violation. That raised my curiousity.

Read the following Memorandum from the Dept of Justice as to HIPPA violations and sanctions, and you probably won't want to do so... It does appear to only be a $ 100 fine per occurance, which is less than a speeding ticket these days.

Scope Of Criminal Enforcement Under 42 U.S.C. § 1320d-6

[healthagent]

It's obviously a huge HIPPA violation if conditions are discussed. I'm more prone to taping the conversation then editing the recording to kills all personal information and only in states where recording is allowed.

[SportsNut]

If you read this site it states that HIPPA only applies to employers of 50 or more, for health insurance.

Who is affected?

This comes from Info about HIPPA for Ins Agents.

HIPAA For Insurance Agents

Interesting....

[healthagent]

Let's play devil's advocate:

A call is live with 50 other agents listening

Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts.

It gets back to Bob who the agent is who's been spreading the information and confronts him - agent states that he heard about his condition while 50 other agents were all on a call.

Lawsuit?

[SportsNut]

Originally Posted by healthagent

Let's play devil's advocate:

A call is live with 50 other agents listening

Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts.

It gets back to Bob who the agent is who's been spreading the information and confronts him - agent states that he heard about his condition while 50 other agents were all on a call.

Lawsuit?

Yes, pretty likely on the lawsuit.

Malicious damages possibly. But maybe hard for Bob to prove as well. I guess others could testify to the fact that Rob Lianao told them about Bob's warts. Then the question would be, did Rob see the warts personally, or was it simply hearsay over the phone call...?

Now really, what kind of an idiot (licensed agent) is going to run around and disclose this kind of stuff...? Could happen, but certainly shouldn't, no matter what. I think it is a pretty small window of this happening, really.

[healthagent]

Here's the problem with being sued - you don't win, it's degrees of losing.

If you hosted that call and didn't inform Bob that 50 other agents were listening while he discussed his genital warts Bob's gonna sue you.

Will you win? Maybe....2 years later and $50,000 lighter after attorney fees.....and if you still have a license after the DOI investigation.

Wanna play with all that to train newbies? Not I.

[SportsNut]

Originally Posted by healthagent

Here's the problem with being sued - you don't win, it's degrees of losing.

If you hosted that call and didn't inform Bob that 50 other agents were listening while he discussed his genital warts Bob's gonna sue you.

Will you win? Maybe....2 years later and $50,000 lighter after attorney fees.....and if you still have a license after the DOI investigation.

Wanna play with all that to train newbies? Not I.

Let's go back to the question of what HIPPA applies to...?

50 and over...? Under 50...? Individual...?

The answer to that isn't going to motivate you to want to make recorded or live trng calls, but I would like to know what HIPPA actually applies to, since that was part of the orig premise here....?

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