Recording Sales Conversation to Prove a Point if The Wrong Information Was Given at The Time, Your Thoughts?

Aerith-Waifu on 24/11/2020 - 18:51
Last edited 24/11/2020 - 20:05 by 1 other user

This is an interesting one. So I thought I share.

A few days ago I heard a conversation at the coffee shop which is indeed quiet unusual.

Goes like this:

Lady A who wanted a table with a length of 3m to replace her table of 2.8m, a sales guy said this one here is 3m and its made from granite, costing $8000, Lady A explicitly asked the sales guy again are you sure its 3m as she doesn't want something smaller, the sales guy said definitely is 3m and Lady A paid the money and had the table delivered.

Upon delivery after setting it up she just felt something isn't right as the table doesn't look bigger than her old one in the garage. So when she finally measured it she discovered its actually only 2.8m in length which is the same as her old one. She went back and asked for exchange and this is when all things goes down hill, at first the sales guy denied that he ever mentioned the table is at 3m and also denied that she ever asked the question about the table length. Management was called and they sided with the Sales guy.

This is where things got interesting, Lady A actually at the time recorded the whole conversation (as she was conned before so all large sales she now records them). Upon getting no help from the manager and the rude sales man, she was able to produce the exact conversation with playbacks on her phone, management isn't happy as he said its ILLEGAL to record the conversation without the CONSENT of the other party. In the end they still agreed to give her refund based on good will.

Things would have turned out very different if she hasn't recorded the conversation. The main point here is she was been lied to, and the price differences will be maybe $500 - $600 between a 3m table and a 2.8m table?

I wonder how would this plays out if the manager didn't make refund and this ends up in a small court? Can the recorded conversation be used against the sales guy? Or would the Lady A get a fine instead?

Your thoughts?

Poll is available

Poll Options

  • 28
    Is not the right to record a conversation without their consent
  • 27
    Its ok as long as its not been used with malice
  • 2
    Its illegal and she should stuck with her 2.8m table
  • 7
    Its the smart thing to do to prove a point in the future
  • 0
    Lady A can be in big trouble because of this
Electrical & Electronics

Comments

  • mapax on 24/11/2020 - 18:59
    +21

    If a 3m table was that important that someone would throw $8000 at it why the heck wouldn’t they measure it in the first place and avoid the situation?

    • Aerith-Waifu on 24/11/2020 - 19:03

      She was quiet old, around 75 to 80 year old with silver hair, I am gonna guess maybe its hard for her to do measurement without help? And sounds like the sales guy didn't offer to measure the table either and just wanted the sale.

      • Hardlyworkin on 24/11/2020 - 19:14
        +6

        Old enough to know better!

      • John Kimble on 24/11/2020 - 19:35

        If she was loud old it would have ended differently.

        Mate, unless she was severely impaired, it's very easy to measure a 3m table. Or ask them to measure it.

      • dimitryp on 25/11/2020 - 10:54
        +1

        she was born before measuring tape was invented

      • Zachary on 27/11/2020 - 19:29

        Is this lady your great grandma?

  • Zephyrus on 24/11/2020 - 19:04
    +3

    Two things,
    a. Just measure it
    b. Just ask, the goal isn't to have a gotcha, it's to get the thing you wanted. Making it hidden only helps if you want to surprise them

  • bohn on 24/11/2020 - 19:05
    +3

    As a general rule, if a person is not a party to a private conversation, that person is prohibited from secretly recording or using a device to listen to that conversation. (NB: Exceptions to the general rule exist for law enforcement purposes)

    On the other hand, if a person is a party to a private conversation, there is an interesting divergence in the law for different States and Territories.

    In Victoria, Queensland and the NT, a person who secretly records a private conversation to which that person is a party does not appear to be in breach of surveillance legislation. On the contrary, legislation in WA, SA, ACT, NSW and Tasmania expressly prohibits such conduct

    Whilst it may not be legal in WA, I think it probably got her the desired result. If someone didn't want to record - they could at least ask for a detailed receipt - which they would ask to have the measurement on there. That way a small claims tribunal would be on their side.

    Obviously if you are inspecting the table in person you can measure it - either take a tape measure .. or these sort of places would probably have one behind the counter.

    • Aerith-Waifu on 24/11/2020 - 19:31

      I think in this case, the salesman saw her as been an old lady which means he didnt think they will remember much, I wonder how the manager will deal with such employee afterwards when they found out the wrong information was given.

  • xuqi on 24/11/2020 - 19:15
    +2

    It's illegal to record 'private' conversations in WA (exceptions; consent of all parties involved, police warrant, public interest (public/national security, public health, child protection, etc.), however I'm not certain you can classify a conversation between a sales person, and buyer in a retail store as 'private'.

    "private activity means any activity carried on in circumstances
    that may reasonably be taken to indicate that any of the parties
    to the activity desires it to be observed only by themselves, but
    does not include an activity carried on in any circumstances in
    which the parties to the activity ought reasonably to expect that
    the activity may be observed"

    "private conversation means any conversation carried on in
    circumstances that may reasonably be taken to indicate that any
    of the parties to the conversation desires it to be listened to only
    by themselves, but does not include a conversation carried on in
    any circumstances in which the parties to the conversation ought
    reasonably to expect that the conversation may be overheard"

    • bohn on 24/11/2020 - 19:19
      +3

      yeah I was thinking that as well. A conversation in a shop with a salesman doesn't appear to be a private conversation.

    • Aerith-Waifu on 24/11/2020 - 19:28

      I am wondering about that too, any lawyers here can comment on the definition of private conversation? So in that case is the Manager not the partake of the conversation?

      • djkelly69 on 24/11/2020 - 21:23
        +1

        The definition is in the post two above yours. The references to 'reasonably' basically mean it would be up to a court to decide if a situation fits the definition based on the facts of the individual matter.

        I think it is unlikely a conversation in a public store could be considered private.

  • No Username on 24/11/2020 - 19:15

    I gotten into the habit of doing the same thing. Recording phone calls and talking screen shots. Just because Optus has screwed me over so many times and not keeping their promises and apps like Door Dash processing wrong amounts. Plus having evidence makes contacting support so much easier and allows you to get on with your day much faster.

    • lunchbox99 on 24/11/2020 - 19:19
      +4

      I record my neighbours making toilet

    • Aerith-Waifu on 24/11/2020 - 19:32

      But you dont go and record conversation with the sales staff, right?

      • No Username on 24/11/2020 - 19:42

        Nah, too much effort plus haven't had any bad experiences. I buy most my stuff online so I'm protected via PayPal if an item description does not match the end product.

  • SF3 on 24/11/2020 - 19:21
    +3

    With these types of purchases, I reckon an approach would be to have the salesperson write down the sizing into the invoice, so no need to do any secret recording.

    Same with any accessories (eg when buying a car) that is verbally promised should be written down.

    The trouble with verbals is, next time you go back that person may no longer be working there, so the next person can only go on what is on official record.

    • Aerith-Waifu on 24/11/2020 - 19:41

      I just went back to my receipt on a table I bought 6 years earlier, it doesn't have the length of the table on it, only an item number. Its showing an item number with 6 chairs and thats about it. No length or no materials

      • SF3 on 24/11/2020 - 20:04

        Yeah, I would not usually get OCD to have such things written down.

        However, “Lady A” had suspicions, so if I don’t feel I have that level of trust with that shop/salesperson thats when I would ask for it to be written down, to have it go on record openly.

        Hope “Lady A” has learnt something from that lesson, if you wanna pass it on 😉

  • pegaxs on 24/11/2020 - 19:23
    +1

    Not illegal to record a conversation you are party to (don't need to get the other parties consent if you are recording it for your own personal record). Illegal to disseminate this recording to people who were not party to the conversation. Not illegal to transcribe it to another medium (ie: to paper). Still illegal to disseminate this conversation outside of the two parties involved if transcribed.

    Her fault because it takes like 30 seconds to measure a table to make sure it is the right dimensions, especially $8,000 granite tables. And as SF3 said above… on the sales contract… "get it in writing" then there is no debate about it.

  • This Guy on 24/11/2020 - 19:34

    This is what receipts are for. If doing business over the phone, get a quote with payment details then pay it. If they demand a deposit, use a credit card with a reputation of issuing client initiated charge backs for deception.

    Plenty of states have single party consent rules. Check you local laws. Check the limitations on sharing any recording.

    Many businesses with incoming call recording will record outgoing calls too, but with out notifying their clients. Often only executives will know.

  • Typical16-bitEnjoyer on 24/11/2020 - 19:51
    +1

    Can the recorded conversation be used against the sales guy? Or would the Lady A get a fine instead?

    Neither.

  • RM on 24/11/2020 - 20:35
    +4

    So old and smart enough to record a conversation but could not be bothered with a tape measure??

    Something doesn't add up in the story…

    • brendanm on 24/11/2020 - 20:42
      +2

      It's an Aerith-Waifu post. Now it adds up.

  • thrillhouse on 25/11/2020 - 08:12
    +1

    So much effort exerted here when a tape measure would have avoided the entire situation. Mind, boggled.

  • ozbjunkie on 25/11/2020 - 09:27

    Having recorded someone before and playing it to the cops, they basically said it would be up to a court to decide if the recording is made in order to "protect my legal interests".

    Someone threatening you? Sure.

    Someone selling you a table… Guess it turned out to be protecting her legal interests.

    I am not a magistrate …

  • OzHunterNSW on 25/11/2020 - 12:05

    Who care, record everything… and this is just one example as to why.
    Gee people are scammers… scam scam scam… don't forget, this is how they make their million dollars… of of YOU

  • MontyMacaw on 25/11/2020 - 12:10

    I’d record it if I had a history of being ripped off although I find that in itself questionable to believe. It’s not illegal in every state. Also some courts situations will accept it even if it is illegal - Fairwork is one I think. Clearly the threat of a recording won the day so good on her for her skills in looking after her considerable investment. I’ll be recording my next car purchase now :-p

    NB if you are arguing an insurance claim I would ALWAYS record the conversation.

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