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Interception Policy

Express © is a Delaware Company operating its inbound and outbound call centers for internal and external use in the Great State of New York. Below are the State, Federal and Cellular Guidelines in which we abide by. Please be advised, that if you place or receive a call to/from Express © (all calls are routed to a New York telephone number and are recorded) you are waiving your right to privacy of the intercepted telephone transaction/transmission. 
Laws governing the state of New York regarding interception and recording of telephone conversations:
Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991).
These laws apply to conversations conducted over cellular or cordless phones. People v Fata, 159 N.Y.S.2d 348 (N.Y.App. Div. 1990).
A state court held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when the "newspapers knew they were dealing with recorded conversations between unconsenting parties." Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.D.2d 318 (N.Y. App. Div. 1994).
Publication may also constitute the crime of "tampering with private communications," a misdemeanor. N.Y. Penal Law § 250.25. A person is guilty of this crime when he divulges the contents of a private letter or communication knowing that it has been opened or read. N.Y. Penal Law § 250.25.
For more information regarding the recording of telephone calls, please click here.

Please Note: The following article states the consent of "one party."  Express © is considered the "one party" for all inbound and outbound calls and fully consents to the recording of the conversations.