Page 23 - GIADA-Sept-2018-Final

EVENTS had no expectation of privacy in the text 4. VIDEO MONITORING
messages he sent over an employer-issued When I was a boy (back in the Carter
CALENDAR device, even though his commanding administration), video monitoring was
officer promised him his messages would fairly rare. Cameras were big and clunky,
not be monitored. The court reasoned that low-resolution, and black and white.
the officer should have ignored what his Recording happened on VHS or Betamax
Pre-License Class commanding officer told him and relied tapes, which were limited in their capacity.
Thursday, September 27 upon the boilerplate language in a form he And all of it was very expensive, so video
was given with the device.
Norcross PM Classes recording was most often seen in connection
with high-security environments and, of
5:45 PM – 10:00 PM Dealers may not monitor course, casinos.
employee phone calls of a
Pre-License Class personal nature, even if they But now, video recording equipment is
Friday, September 29 small, high-resolution, and in living color.
Marietta AM Classes are made on company time It is also cheap, and therefore showing up
in ever more locations, such as building
9:45 AM – 2:00 PM with company phones. lobbies, 7-Elevens, and along highways —
and, incidentally, within dealerships.
Pre-License Class Dealerships have a legitimate interest in
Friday, October 12 ensuring their employees treat customers It is now possible for you to record and
well on the phone and don’t make store virtually everything that happens
Marietta AM Classes misrepresentations in those calls. From anywhere on your premises. Keeping an
9:45 AM – 2:00 PM this flows the general right to monitor eye on inventory on the lot and in the parts
and record calls as described above. There department seems innocuous enough. But
Pre-License Class is a federal law, however, that puts some how about the restrooms?
Friday, October 15 limitations on that right. The Electronic
Communications Privacy Act restricts This gets us back to the concept of
Marietta AM Classes individuals and organizations, including reasonable expectation of privacy. The
9:45 AM – 2:00 PM dealerships, from intercepting personal expectation of privacy in public spaces
wire, oral, or electronic communications. is low. The expectation of privacy in the
Pre-License Class bathroom is high. Most of the dealership
Wednesday, October 17 Under the ECPA, even if a call is being space falls somewhere in between those two
monitored for legitimate business reasons, if extremes — the F&I office, for example.
Macon AM Classes a personal call comes in, the employer must
9:45 AM – 2:00 PM hang up as soon as it becomes obvious the Articles have been written about the wisdom
call is personal. A dealership may monitor and procedures for recording the F&I
Pre-License Class a personal call only if the employee knows transaction; I will not repeat their substance
Thursday, October 25 the particular call is being monitored — here. But for all the reasons set forth above,
and consents to it.
Norcross PM Classes be sure to give notice to customers before
video (and audio) recording of the delivery
5:45 PM – 10:00 PM All of this assumes the calls (or emails) process. And if you’re conducting video
are passing through dealership phone surveillance on dealership property, post
Pre-License Class equipment or computer networks. that fact around the perimeter and near the
Friday, October 27 Recording private calls made on employee- building entrances.
owned cellphones remains a very big no-
Marietta AM Classes no, unless the employee consents. What all this drives home is that Big
9:45 AM – 2:00 PM Brother is, in fact, watching. And if you
What if employees consent to having their want to be Big Brother, you need to be very,
Pre-License Class own phones monitored? If they consent, you very careful. n
Friday, November 5 could install some truly creepy software.
How creepy? Imagine every text message James S. Ganther Esq. is the co-founder and
Marietta AM Classes they send, every website they visit, and CEO of Mosaic Compliance Services. He is
9:45 AM – 2:00 PM every phone call they make being logged a dealer compliance expert and a prolific
and forwarded to you. Even their locations writer and speaker. The author gratefully
Pre-License Class can be recorded and disclosed. Think I’m acknowledges the assistance of Tony Molino
Friday, November 12 making this up? Check out Mobile-Spy. Esq. in researching the legal precedents and
com and see for yourself.
Marietta AM Classes regulations discussed in this article. Email
Ganther at jim.ganther@bobit.com.
9:45 AM – 2:00 PM

GIADA Independent Auto Dealer SEPTEMBER 2018 | 21