Question About The Legalities Of Buying An Email List

7 replies
Hi Everyone, this is my first post here!

Someone is offering me an email list to buy. I am interested in buying this list but I am wondering how to buy it exactly. Do I have to draft an agreement? If so, what should the agreement include? I just want to make sure I do it right. How can I make sure the person selling this list is the legal owner of the list and he is not violating any laws when he is selling this list. Or, do I even have to worry about this?

Anyone has some advise?
#buying #email #legalities #list #question
  • Profile picture of the author goindeep
    Build your own mate.

    I would never do that unless you want any of your user names, emails, websites etc all marked as spam/scam across international spam boards and regulators.
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  • Profile picture of the author Robert Michael
    If the list was worth anything in the first place, why would he be offering to sell it?

    He could make much more by actually USING it instead..

    Probably just a bunch of scraped emails -- which would explain why he isn't using it himself.

    I would never try to add emails that were scraped to an autoresponder.. that is just asking for trouble. No, I take that back.. its BEGGING for trouble.

    Which would mean the only way to try and monetize the list, would be selling it to as many people as possible.

    Sure, he can SAY that you're the only one hes sold it to, but you can't KNOW that for sure.

    As the poster above me said, just build your own. Trust us.

    There is a reason why he's selling it, instead of selling TO it.
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  • Profile picture of the author Epic Write
    Hi JOE Ray,

    Yep, never get a list. =)
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  • Profile picture of the author JasonBennet
    If that person is growing his own list and using it properly, he will make much more than selling his own list. You will want to start wondering why they are selling the list if it is profitable for them?

    I will always focus on growing my own list of subscribers.
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  • Profile picture of the author kindsvater
    I'd make sure I knew where the person was located and whether they could be sued.

    Then I'd have an agreement with an indemnity clause and damages provision in case there is a lawsuit and/or damages or bans caused by using the list.

    Finally, I'd slap my face and say, what am I doing?

    Reputable lists can be purchased from major information brokers. Usually those are physical mailing lists, but can include emails. Lists from someone, especially if IM related ... I'm extremely confident is not worth buying.

    Welcome to the forum. The first post is always the hardest.

    .
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    • Profile picture of the author Robert Michael
      Originally Posted by kindsvater View Post

      I'd make sure I knew where the person was located and whether they could be sued.

      Then I'd have an agreement with an indemnity clause and damages provision in case there is a lawsuit and/or damages or bans caused by using the list.

      Finally, I'd slap my face and say, what am I doing?

      Reputable lists can be purchased from major information brokers. Usually those are physical mailing lists, but can include emails. Lists from someone, especially if IM related ... I'm extremely confident is not worth buying.

      Welcome to the forum. The first post is always the hardest.

      .
      ah, I always have enjoyed reading your legal insight.

      You just gotta escape that hell-hole known as Cali tho dude (if I remember correctly you are in Cali.. right? LOL)
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  • Profile picture of the author Joe Ray
    Thanks very much for all the good advise. I really appreciate it.
    I am here to learn and I am delighted to get so many great comments to my first post!

    Reading you comments, I have an other question:

    If I were to buy this list and started using it in full compliance with
    the CAN-SPAM Act. can I still get my "user names, emails, websites
    etc all marked as spam/scam across international spam boards and regulators"?.

    I agree with all of you questioning why someone would sell a good list instead of using it
    themselves. That is of course the first question pops up in my mind too.

    However, this is true for a lot of the products and services sold online. Tutorial videos claiming to teach you the secret of how to become a millionaire and the obvious question is: if they have the secret of how to become a millionaire why are they are selling the tutorial videos on the net for $99. Same is true for, software, websites, list, SEO and more stuff. However, this doesn't mean
    that those products and services are not useful. They can be, they just don't make you a millionaire but you might learn something. Right?

    Same might be true for the list I am tempted to buy. It might not be the best list on earth, but the
    price is low. The seller is willing to enter into a formal agreement with his details and signature. The payment would be made by Paxum so its easy to track the seller and I only have to pay 30% fist, the rest I pay after I tested the list to which the seller guarantees a 20% open rate.

    Can I still have problems if I buy this?

    I am looking forward to you comments.
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