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I have one question. One of my previous employer recorded…

Hello,I have one question. One...
Hello,I have one question. One of my previous employer recorded the interview call which I gave without my consent. This happened 3 years ago when I was in Fishkill, NY. My employer was also located at Fishkill, NY.I recently came to know that it is criminal offense to record a telephonic conversation without the concern of involved parties in conversation.I have the recorded interview file, which was sent to my email by one of the worker of the company.Will I be able to file a complaint against them? The interviewer is from a different company, and even he did not know about the recordings.What should I do now ?Thanks
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Answered in 5 minutes by:
8/4/2016
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,228
Experience: 16 yrs. of experience including criminal law.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You can report this to law enforcement.

But frankly speaking, it is likely too late for them to take action.

The statute of limitations for this is 2 years (N.Y. Crim. Proc. § 30.10(2)(c)) so it is too late for prosection

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that this can be prosecuted but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 year ago
Oh.. What if it is less then 2 years old? What would be the penalty for it ?

It is a misdemeanor unless at least one party to the call gives consent. Max punishment is one year in jail.

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Customer reply replied 1 year ago
Okay.. So since I got the email on June 26, 2013, is there any way i can put a case on them? Federal laws, state laws , may be if the other party is on a different state, etc..

No...the statute of limitations has expired...over 2 years have passed...it is too late to prosecute. The federal law will not help on this...sorry.

Again, I am sorry to be the one to bear bad news.

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Customer reply replied 1 year ago
Okay thanks..

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,228
Experience: 16 yrs. of experience including criminal law.
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