Dealership turned off dashcam before service

Disclaimer: Links on this page pointing to Amazon, eBay and other sites may include affiliate code. If you click them and make a purchase, we may earn a small commission.

Fnjoey

Senior Member
Joined
Aug 6, 2018
Posts
116
Reaction score
89
Location
New Jersey
Ram Year
2019
Engine
5.7 hemi
If the tech disabled your dash cam, find another dealer.. I brought my 2014 in for an oil change etc one time, when I got it back, there was oil all over the engine and the front of the truck. I pulled up my dash cam to see wtf happened and there was nothing.. dude disconnected it. So I went back in pulled the service guy out side to show him what his tech did, and told him about rhe dash cam. He wasn't too happy as the techs aren't suppose to be touching anything in the car that isn't related to the work they are doing.. they paid for a full detail, and ultimately that tech got fired because he was doing shady ****.. but I never went back.
As for legal action, there isn't any... take it to a different dealer and have them check it.. or test it yourself to see if it's working...
 

cdn cj

Senior Member
Joined
Oct 7, 2013
Posts
115
Reaction score
124
Location
Canada
Ram Year
2014
Engine
5.7 Hemi
As far as the collision warning system.
I was pricing a new Power Wagon online and noticed it’s marketed as a “full speed collision warning “
Leads me to believe it won’t work in bumper to bumper traffic.
We just purchased a Mazda and don’t get any warnings if creep up to the garage door but it did activate when a car suddenly braked to pull onto the shoulder one day.
Leads me to believe the test it yourself ideas probably not a good idea
 

Spree

Member
Joined
Apr 22, 2022
Posts
71
Reaction score
67
Location
Indiana
Ram Year
2017
Engine
Hemi 5.7
My dealer never turns off the dash cam. If you can't trust the people you take your truck to, then it's time to find another place/person.
 

Sandevino

Senior Member
Joined
Apr 18, 2020
Posts
1,150
Reaction score
1,511
Location
North Texas
Ram Year
2023
Engine
HEMI 5.7 eTorque
My dealer and master techs are jacka$$es…. They know I’ve got dash cams in my vehicles and go out of their way to waive, make faces and talk smack when in the vehicles. I’ve known most of them 20+ years so I’d be offended if they didn’t have a good time…lol
 

chri5k

Senior Member
Supporting Member
Joined
May 24, 2019
Posts
1,941
Reaction score
2,930
Location
USA
Ram Year
2016
Engine
Diesel
Some dash cams may turn on IR leds when in a darkened area or emit RF energy that can interfere with the sensor calibration equipment. It may not always be some nefarious reason.
 

Docwagon1776

Senior Member
Military
Joined
Mar 16, 2012
Posts
2,201
Reaction score
3,630
Location
Midwest
Ram Year
2012, 2021
Engine
5.7, 6.4
I'd think if the dealership is allowed to have camera's watching you,you should be able to have a camera watching them.When they're open to the public,i'm not so sure if they can claim privacy that only works in their favour. I'd hazard a guess if it came down to a lawsuit,they'd lose in court. Your camera is still private property when it's in your vehicle,and i don't think they have any right to turn it off

With the understanding this is for the US and is not a deep dive on the topic:

Some states are 'one party' law. You can record a conversation you are part of, or at least one party is aware of and has consented to being recorded.
Some states are 'two party' law. Everyone involved in the conversation must be aware and consent to the recording.
There are some mixed party laws, mostly with the idea that you could be recording you and your friends and someone else walks by and says something, but they are rare.

So if your camera catches someone talking, even on the phone, you've committed a crime in most any state. The mere presence of an unattended recording device in an area not generally accessible to the public will be a crime in others. Exceptions exist for public property where no reasonable expectation of privacy exists. States vary on if the general public must be informed about recording on private property that's publicly accessible, say if a warning must be posted at the front of a store that has loss prevention cameras, but we're talking about a part of the business that is not publicly accessible.

So leaving the dash cam on when the dealership doesn't want it on (or is unaware of it) would, in fact, be illegal in many states. Examples include:


"Eavesdrop" means to overhear, record, amplify or transmit any part of a wire or **** communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.

"A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time...Eavesdropping is a Class D felony."

and another
"A person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class A misdemeanor."

**** = O r a l

Second time tonight needless censorship popped up.
 
Last edited:

Hootbro

U.S. Army Veteran
Military
Joined
Jul 31, 2015
Posts
2,735
Reaction score
1,950
Location
Delaware
Ram Year
2017 1500 Express 4x4
Engine
Pentastar 3.6L
So leaving the dash cam on when the dealership doesn't want it on (or is unaware of it) would, in fact, be illegal in many states.
On the surface, I see where you are going with this, but I would like to know if there is established case law concerning dash cam recordings and two party consent state law violations of it?

I would think there would be challenges to this in areas of normal public use and interaction. Granted, a service bay may not be considered a normal public use area, but if the dealership has internal video and audio recording of the same spaces for their own purposes, the argument of a customer's dash cam being a violation of their privacy seems a lot weaker in my opinion.
 

Docwagon1776

Senior Member
Military
Joined
Mar 16, 2012
Posts
2,201
Reaction score
3,630
Location
Midwest
Ram Year
2012, 2021
Engine
5.7, 6.4
Granted, a service bay may not be considered a normal public use area, but if the dealership has internal video and audio recording of the same spaces for their own purposes, the argument of a customer's dash cam being a violation of their privacy seems a lot weaker in my opinion.

There's too separate legal concepts going here. Eavesdropping law and reasonable expectation of privacy. This can get complicated quickly, and the answer changes depending on who's perspective the question is addressed to. So, again, trying not to deep dive:

1) You can't violate your own privacy. If you choose to put a security camera up does not give anyone else any additional authority to put cameras up. Think of your own home and this becomes common sense. Non-accessible areas of a business are similar enough that the analogy works in this use case. Employees have significantly reduced expectations of privacy (though not eliminated, the exceptions are irrelevant here) from their employer but, again, that doesn't change the expectation vs outside entities nor does it change eavesdropping laws.

As far as case law, maybe. I do major felony and don't care enough to research this further. That said, if you're finding yourself in need of citing case law you've already lost to some extent. You may beat the charge, but sometimes the process is the punishment.

Keep in mind the post I responded to was " I'd hazard a guess if it came down to a lawsuit, they'd lose in court." meaning the dealership would lose a civil trial. My point is that the act is probably illegal, meaning they'd have a solid chance of prevailing in civil court if they could show harm, *and* civil court isn't the biggest worry here. Criminal court is a possibility if they want to push it, depending on the state and the context. Specifically told not to vs elderly woman who says she forgot it was there? Optics matter more than people want to think in these decisions, and practically speaking you need to be able to get a jury over the 'knowingly and intentionally' hump.
 
OP
OP
Fnord

Fnord

Member
Joined
Nov 24, 2020
Posts
38
Reaction score
37
Location
BC, Canada
Ram Year
2023
Engine
5.7 3.92 4x4
If you were in Canada, you would wrong. It's Criminal offense. Dealer would just refuse to do anything.
Alberta Dealers Association was first to tell all their members to unplug/turn off Dash Cams. Was in news year ago.

States like Cali and others, the dealer would win as well. They have very strict privacy laws. Mostly related to Audio.
Hi, but I'm in Canada and the dealership did not ask me to turn off the dashcam, nor said he would do it.
 
OP
OP
Fnord

Fnord

Member
Joined
Nov 24, 2020
Posts
38
Reaction score
37
Location
BC, Canada
Ram Year
2023
Engine
5.7 3.92 4x4
I have news about the FCW issue. I took the pickup truck to another dealership and they confirmed the FCW is not working, so they opened a repair order with Chrysler.

In two weeks ago I took the 1500 twice to there, which it is in another town, and so far the only they did was try to recalibrate and updated the ECU (there was a new version that supposedly increase the fuel economy, look for TSB 18-099-23). Nothing fixed it yet.

As a simple test, I just covered all the camera area in the windshield and turn on the truck. The system did not complain about the vision was blocked, thus turning off the FCW.

Now I'm waiting Chrysler answer the repair order. This is really frustrating the lack of knowledge from the dealership and the time that took to have it fixed.
 
OP
OP
Fnord

Fnord

Member
Joined
Nov 24, 2020
Posts
38
Reaction score
37
Location
BC, Canada
Ram Year
2023
Engine
5.7 3.92 4x4
As far as the collision warning system.
I was pricing a new Power Wagon online and noticed it’s marketed as a “full speed collision warning “
Leads me to believe it won’t work in bumper to bumper traffic.
We just purchased a Mazda and don’t get any warnings if creep up to the garage door but it did activate when a car suddenly braked to pull onto the shoulder one day.
Leads me to believe the test it yourself ideas probably not a good idea
I should work, the 'full speed' in the title is just to identify the level of the FCW, accordingly this article from Stellantis.

  • Forward Collision Warning: Uses radar technology. When the system determines a collision is imminent, it triggers a visual and audio alert to the driver to take action and pre-fills the brake system for instant response when the driver steps on the brake pedal. This system is available on the 2018 Dodge Challenger.
  • Forward Collision Warning-Plus: Uses radar and camera technology. This system combines inputs from the radar and camera to determine if a collision is imminent. In that event, it triggers a visual and audio alert to the driver to take action and pre-fills the brake system. If the driver does not respond, the system momentarily applies the brakes to alert the driver. If the driver still does not respond and the obstacle remains, the system applies the brakes to slow the vehicle before impact. This system is available on the 2018 Chrysler Pacifica, Dodge Durango and Jeep® Renegade and Grand Cherokee.
  • Full-speed Forward Collision Warning-Plus: Uses radar and camera technology. This system operates with all the capabilities of Forward Collision Warning-Plus. In addition, if the driver does not respond to the alerts, the braking system may bring the vehicle to a full stop when the collision threat is detected at speeds less than 25 mph. This system is available on the 2018 Chrysler 300, Dodge Charger, Jeep Compass and Cherokee and Fiat 500X.

 
OP
OP
Fnord

Fnord

Member
Joined
Nov 24, 2020
Posts
38
Reaction score
37
Location
BC, Canada
Ram Year
2023
Engine
5.7 3.92 4x4

Alberta dealers association advises members to turn off dashcams in the service bay​


Last fall, the Motor Dealers Association of Alberta (MDA) issued an advisory urging its members to unplug or switch off dashcams in vehicles to prevent customers from spying on technicians servicing their cars.

Was 2019 when they did.

Afterwards Ontario and BC followed. I could find ones if you would like.
What if you put a sticker besides the dashcam with the text "Smile, the front of this vehicle is being recorded!" :think:
 
OP
OP
Fnord

Fnord

Member
Joined
Nov 24, 2020
Posts
38
Reaction score
37
Location
BC, Canada
Ram Year
2023
Engine
5.7 3.92 4x4
Cant you test the FCW alert by pulling up close to an object (car, wall, etc,) ?
Yes, I did several tests, even drove over a fridge cardboard box. Not a sound, alert, nothing from FCW.
 
OP
OP
Fnord

Fnord

Member
Joined
Nov 24, 2020
Posts
38
Reaction score
37
Location
BC, Canada
Ram Year
2023
Engine
5.7 3.92 4x4
Update: Just called the dealership today and he said he will order a new camera, to replace the current one.

I called Chrysler Customer Care last a week ago, they said someone would contact me in next day to talk about this issue and so far no one called. :(
 
Top