Insurance Agent Forum
Custom Search
 

Go Back   Insurance Agent Forum > Insurance Agents and Brokers Forum > Getting Started Selling Insurance


Discussion on Is this ethical or legal? within the Getting Started Selling Insurance, part of the Insurance Agents and Brokers Forum category.

The question is: Is it legal or ethical for a newbie to listen in on a live call as a ...


Reply to Is this ethical or legal?
Views: 821 - Replies: 65  
LinkBack Thread Tools Search this Thread Display Modes
Old 08-20-2008, 01:53 PM   #1
Guru
 
robliano on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Mar 2008
Posts:1,529
robliano will become famous agent soon enough
Is this ethical or legal?             Go to Top

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.


------------------------------------
Rob Liano
Sales Mentor & Success Coach

1.888.379.8315
www.insuranceturnpike.com

Last edited by robliano : 08-20-2008 at 02:00 PM. Reason: error
robliano is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 01:56 PM   #2
Guru
 
robliano on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Mar 2008
Posts:1,529
robliano will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

See above



Last edited by robliano : 08-20-2008 at 02:00 PM. Reason: eror
robliano is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 01:57 PM   #3
Guru
 
moonlightandmargaritas on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Sep 2006
Posts:4,048
State: moonlightandmargaritas is an Insurance Agent from Florida
moonlightandmargaritas has a little shameless behaviour in the past
Re: Is this ethical ir legal?             Go to Top

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.


------------------------------------
GoGators
moonlightandmargaritas is offline  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 01:58 PM   #4
Guru
 
robliano on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Mar 2008
Posts:1,529
robliano will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

Quote:
Originally Posted by moonlightandmargaritas View Post
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


robliano is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:09 PM   #5
Guru
 
Frank Stastny on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Dec 2006
Posts:2,274
State: Frank Stastny is an Insurance Agent from Missouri
Frank Stastny will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

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.


------------------------------------
"The Perfect Contact Management Program (CMP) for the Insurance Professional"
www.YourInsuranceOffice.com
877.633.0808
Frank Stastny is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:12 PM   #6
Guru
 
SportsNut on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Apr 2008
Posts:725
State: SportsNut is an Insurance Agent from Indiana
SportsNut will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

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.


------------------------------------
"A successful man is one who can lay a firm foundation with the bricks others have thrown at him."
David Brinkley

Last edited by SportsNut : 08-20-2008 at 02:15 PM.
SportsNut is offline  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:15 PM   #7
Guru
 
robliano on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Mar 2008
Posts:1,529
robliano will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

Quote:
Originally Posted by Frank Stastny View Post
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 is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:17 PM   #8
Guru
 
robliano on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Mar 2008
Posts:1,529
robliano will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

Quote:
Originally Posted by SportsNut View Post
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 is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:22 PM   #9
Guru
 
robliano on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Mar 2008
Posts:1,529
robliano will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

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


robliano is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:36 PM   #10
Guru
 
SportsNut on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Apr 2008
Posts:725
State: SportsNut is an Insurance Agent from Indiana
SportsNut will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

Quote:
Originally Posted by robliano View Post
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


SportsNut is offline  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:37 PM   #11
Guru
 
healthagent on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Sep 2006
Posts:8,115
State: healthagent is an Insurance Agent from Maryland
healthagent is on a distinguished road
Send a message via Yahoo to healthagent
Re: Is this ethical ir legal?             Go to Top

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.


------------------------------------
Health insurance agents: training, support, discounts and community

Independent Health Insurance Agent Association

Video Blog
healthagent is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 02:52 PM   #12
Guru
 
SportsNut on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Apr 2008
Posts:725
State: SportsNut is an Insurance Agent from Indiana
SportsNut will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

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....


SportsNut is offline  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 03:02 PM   #13
Guru
 
healthagent on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Sep 2006
Posts:8,115
State: healthagent is an Insurance Agent from Maryland
healthagent is on a distinguished road
Send a message via Yahoo to healthagent
Re: Is this ethical ir legal?             Go to Top

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?


healthagent is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 03:16 PM   #14
Guru
 
SportsNut on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Apr 2008
Posts:725
State: SportsNut is an Insurance Agent from Indiana
SportsNut will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

Quote:
Originally Posted by healthagent View Post
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.


SportsNut is offline  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 03:22 PM   #15
Guru
 
healthagent on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Sep 2006
Posts:8,115
State: healthagent is an Insurance Agent from Maryland
healthagent is on a distinguished road
Send a message via Yahoo to healthagent
Re: Is this ethical ir legal?             Go to Top

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.


healthagent is online now  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote
Old 08-20-2008, 03:29 PM   #16
Guru
 
SportsNut on Is this ethical or legal? - Insurance Agent Forum
 
Join Date: Apr 2008
Posts:725
State: SportsNut is an Insurance Agent from Indiana
SportsNut will become famous agent soon enough
Re: Is this ethical ir legal?             Go to Top

Quote:
Originally Posted by healthagent View Post
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....?

The links above were in this post:

Page Not Found - Insurance Agent Forum


SportsNut is offline  

Submit to Reddit Submit to Del.icio.us
Bookmark to TechnoratiSubmit to FurlSubmit to Spurl!
Reply With Quote