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Taping Competitors

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stopthemaddness

Junior Member
What is the name of your state?California and all of the united states

My employer just asked all the Sales Reps in the United States to start taping our competitors with scripted telephone questions, Is that legal? I think it can be both illegal and if not certainly unethical. Can they ask you to do things like that or it is your job?
 


cbg

I'm a Northern Girl
It varies by state. Some states require that before a phone conversation can be taped, all parties to the conversation have to be aware of the taping and consent to it. In other states, it's perfectly legal to tape a phone conversation as long as one party to the conversation (you) knows and consents.
 

BelizeBreeze

Senior Member
it depends on two things:

1. From which state are the calls being originated, and;

2. to which state are the calls being made?

The problem with this scenario is NOT local state laws but Federal law.
 

stopthemaddness

Junior Member
taping competitors

Each rep will be different I guess but from my understanding this competitor has customer service in each state, so if im in california I would be calling california customer service and if Im in flordia I will be calling florida. My issue with it is the implecations it causes if the competitor finds out and the ethical issue of it. We have been told if you dont comply it could lead up to and including termination. I just dont believe this is a good idea all around regardless if it is legal depending on your state. There is nothing wrong with knowing your competitor and shopping them but where do you draw that line of business ethics?
 

Beth3

Senior Member
but where do you draw that line of business ethics? That's a personal choice we all have to make.

Whether this is unethical depends upon a number of factors we can't know here, including what type of industry you're in and what commonly accepted practices dictate. For example, there are several major chains of applicance/furniture stores in my area who all claim to be the lowest-cost seller of home appliances. They all "shop" each other constantly to see what comparable merchandise is being priced at in each others' stores. They all know about the practice, they all engage in it, and there's nothing unethical about it because it's not at all secretive. Their merchandise sell prices are public knowledge.

If you're calling your competitors pretending to be another entity and trying to obtain confidential or propriety information, that's another matter entirely. As a legal matter, your employer would be well advised to have their legal counsel research each State's telephone taping laws.

As a personal matter, you simply are going to have to decide whether you feel right about this practice and if you don't, whether you want to work elsewhere. Good luck.
 

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