Scuba Schools of America/Rusty Berry

[iztok]

Yup. California has two party recording law.

Pick a notepad and pen when you enter the store and write notes and inform that you will be recording. You don't have to be specific how you are recording.

If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.

I would say that a store owner talking to a customer about selling items wouldn't qualify for privacy.

But I am not a lawyer nor I play one on TV

 

[on_two_wheels]

As the store owner, if he's the only one there he could easily argue he knew no one else was in the store. Therefore, an expectation of privacy for the conversation exists. If the store has several customers and you're out on the floor, that expectation is greatly reduced (not necessarily eliminated). Unfortunately, CA has no "one party consent" rule so even though you're in the conversation, his consent would still be necessary for the recording IF that expectation of privacy exists.

Best bet: Have a witness to the conversation.

 

[Cave Diver]

I'd definitely be careful how you approach that.

CA Codes (pen:630-638)

632. (a) Every person who, intentionally and without the consent of
all parties to a confidential communication, by means of any
electronic amplifying or recording device, eavesdrops upon or records
the confidential communication, whether the communication is carried
on among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or imprisonment in the county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If the
person has previously been convicted of a violation of this section
or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be
punished by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment.
(b) The term "person" includes an individual, business
association, partnership, corporation, limited liability company, or
other legal entity, and an individual acting or purporting to act for
or on behalf of any government or subdivision thereof, whether
federal, state, or local, but excludes an individual known by all
parties to a confidential communication to be overhearing or
recording the communication.
(c) The term "confidential communication" includes any
communication carried on in circumstances as may reasonably indicate
that any party to the communication desires it to be confined to the
parties thereto, but excludes a communication made in a public
gathering or in any legislative, judicial, executive or
administrative proceeding open to the public, or in any other
circumstance in which the parties to the communication may reasonably
expect that the communication may be overheard or recorded.

If anyone does decide to go forward with this, I would strongly advise against posting it publicly.

 

[RedCash02]

I'm sure he knows about this thread by now, anyway.

Oh and having a photo of yourself as your avatar doesn't help

Think I can get a Stay Puft Marshmallow Man custom drysuit from him? I'd love to over-inflate that thing

 

[ScubaSteve]

I'm sure he knows about this thread by now, anyway.

Oh and having a photo of yourself as your avatar doesn't help

Think I can get a Stay Puft Marshmallow Man custom drysuit from him? I'd love to over-inflate that thing

I personally sent him an invite via PM but never really expected a reply. He is not on here very often but I agree that he already knows. In fact he can easily access SB outside of his account and follow along as a guest. He is probably taking ideas from what is said here for how to milk more money out of innocent and unsuspecting consumers.

Hey Rusty......just an idea but you could really make a killing if you sold the lenses for a mask seperately from the frame

 

[Rick Murchison]

I'd definitely be careful how you approach that.

CA Codes (pen:630-638)



If anyone does decide to go forward with this, I would strongly advise against posting it publicly.

Y'all have to understand California law and its objective. This one on recording conversations is typical, wonderfully weasel-worded to be lovely for lawyers and painful for plaintiffs.
Here's how it works...
You start with a dispute, and a pile of money. The laws allow the lawyers to fight until all the money has been transferred from the litigating parties to the lawyers, at which time the suit is over.
Who wins and who loses is irrelevant.
Y'all have fun trying to get justice.

Rick

 

[Cave Diver]

You start with a dispute, and a pile of money. The laws allow the lawyers to fight until all the money has been transferred from the litigating parties to the lawyers, at which time the suit is over.

Aint that the truth.

 

[ScubaSteve]

Y'all have fun trying to get justice.

I can't speak for others but for me, it would be all about having a great time going in effing with this "businessman" (and not so much about justice). Anybody that will screw an ignorant first timer (or even just a person that knows no better) as Rusty does deserves everything that they have coming IMO.

 

[SoCalMike]

I just have to say wow that this guy is still around. I had my run in with Rusty back in 1999/2000 but was able to get out the door for about $300 which was for a bag, mask, snorkel, fins, gloves, shoes and an SSA mask strap.

I initially signed up for his OW class and he tried to put me into a complete package for about $3000, but when it came time to pay I simply gave him a credit card with a low limit so it would get declined. I then went online and put together my own package for about $800 and decided to take advantage of his "the pool is always open for practice' policy. After being in the pool for about 5 minutes I suddenly see a few lead weights pass right in front of me, obviously being thrown in from the deck. I surface and Rusty is there asking me to please get out of the pool and meet him in the classroom. Once inside he tells me that his business relies on his customers buying only what he sells and that if I a not willing to purchase the gear from him, to find another place to get certified. So I tell him to pound sand and he actually refunded my class fees of about $300. I then went to Sports Chalet and finished up with them.

I guess he was soft back in the day giving me a refund, but seeing that he is still around surprises me for sure. I have done my part by spreading the word about him and have helped 3 friends avoid his scam once they told me that had met him. I figure thats at least $15,000 in lost sales for his store.

Has anyone thought about contacting the ATF regarding the legality of his wine bar without having a license?

 

[Wookie]

Has anyone thought about contacting the ATF regarding the legality of his wine bar without having a license?

I'm thinking ATF has better things to worry about in California than a wine bar in a dive shop. Isn't that the perview of the California ABC (or whatever they call Alcohol Beverage Control out there).

Hey Rusty......just an idea but you could really make a killing if you sold the lenses for a mask seperately from the frame

I'm all for that. If I could get 20% off the price of a mask, I'd have more money to spend on the prescription lenses. (It's all how you look at it. I'd like to buy a mask without lenses.)