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.
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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.
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Last edited by SportsNut : 08-20-2008 at 01:15 PM.
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 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.
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.
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.
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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.
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.
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....?
Big Mistake #7:
[COLOR=Red]Having those that need to be "doing" doing the "listening".[/COLOR]
The more senses you get involved, the more ingrained the information becomes. Now, I can stand behind you, and watch you and listen to you all day. Know what I've learned?
[COLOR=Red]ABSOLUTELY NOTHIN'![/COLOR]
[COLOR=Blue]Put me on the phone, let me HEAR the responses, FEEL what it's like to not get the response you like, and TOUCH (write) the notes I'm making to prevent it from happening again.
[COLOR=DarkSlateBlue]There is nothing more arrogant, more self-serving, more demonstrative, more relationship-killing than saying to someone, "Here, watch me do it, and learn."
[COLOR=DarkOrchid]When I starTed with Berkshire Life many years ago, I would have the GA listen to me, while standing in the door of my office. The other agents, who had offices next to me would come in and offer advice, once the call was through, based on what they heard me say. They would ask what the other party said, and I would look at my notes (writing it ingrains it), and repeat it to them. Then they would offer recommendations.
[/COLOR][COLOR=DarkOrchid][COLOR=Green]As for the lawsuit, anyone who hires someone, and does not do a thorough background check, DESERVES that. When I applied with Berkshire, I had to tell them who my father and mother were, what synagogue we belonged to, how long my family had been in Atlanta, how many people my dad knew, how many people I knew. Who my wife was, what she did for a living, what my father and mother in law did for a living. Where my sibling lived, who she was married to, what position he held, where I went to school, what my grades were, my favorite subject, my least favorite subject, how many people I kept in contact with still, how often I see the doctor, how often I've been hospitalized, what kind of car I drive, when I plan on purchasing a new car, why we were renting and not owning, when do we plan on buying a house, and where we plan on living, do we plan on sending our kids to public or private schools, when's the last time I bounced a check, and how much it was for, how often I go out to eat, what TV shows we watch, where we take our vacations.
[COLOR=Red]After divulging that much information, do you really think I'd go and blab on someone else?
[COLOR=Black]Whenever he saw my wife, he'd know her by name. My brothers-in-law (I got 5) all got birthday cards from him. Same with the anniversary cards for my parents and in-laws. He even picked up a tab, when we were dining at the same restaurant (it was our anniversary), and we didn't even see him, but he saw us. Called it an anniversary present, and to order dessert.
Hmm, those that don't share too much with me either don't get approved, or don't stay long, once something goes awry. They either "drop off the face of the earth" until their situation gets better, or they become beligirent(sp?).
On the other hand, those that I've gotten to know inside and out seem more open with me, take my advice, offer some suggestions, ask more questions, don't hide from me, provide referrals. I wouldn't have gotten to this stage had I not ...
[COLOR=Blue]DONE IT MYSELF![/COLOR][/COLOR][/COLOR][/COLOR][/COLOR][/COLOR][/COLOR]
Bob Smith answers - discloses that he has genital warts. A agent listening knows Bob and spreads around the community that Bob has genital warts
I had a guy call in upset a few weeks ago claiming I left information on his voice mail about his wifes herpes waiver.
He was not even one of my clients.
Someone in my office did leave a voice mail - but they did not apply with us.
I finally told the guy "How would I know about your wifes Herpes if you are not my clients? Besides I just met your wife..."
OK I threw in the last line - but what happened is he heard two voice mails and mixed us up with the brilliant agent they bought from who left information about his wifes herpes on a voice mail. Real bright.
Obviously I know better than to do something that stupid.
Is this ethical or legal?
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