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Is Selling Emails Illegal?

Discussion in 'Legal Issues' started by kidblogger, Aug 17, 2007.

  1. #1
    I just got this idea and making a report out of it, it's about selling emails.

    It's like this, you get a decent amount of emails. Find a possible customer then sell it to him with full rights. Is there something bad about it?
     
    kidblogger, Aug 17, 2007 IP
  2. kidblogger

    kidblogger Active Member

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    #2
    Ei guys, I really need an answer about this :)
     
    kidblogger, Aug 17, 2007 IP
  3. bluegrass special

    bluegrass special Peon

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    #3
    Are you talking about email or email addresses? I am going to assume email addresses. Are these email addresses generated from your website or just people that have sent email to you? Did these people agree to a terms of service or privacy policy that states you may sell their email addresses? If they didn't then don't even think about it.
     
    bluegrass special, Aug 17, 2007 IP
  4. Carlx

    Carlx Active Member

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    #4
    i dont personally know.

    But i would presume, if you have prior permission from the email accounts user, then it should be fine, however selling email address's without written permission would be illegal.

    Though im sure other guys here have first hand experience in this field and can give a better responce than that.
     
    Carlx, Aug 17, 2007 IP
  5. kidblogger

    kidblogger Active Member

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    #5
    email addresses, sorry for not being precise. Emails are generated from a landing page of my own :)
     
    kidblogger, Aug 17, 2007 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    If you had no privacy policy or ToS in place that stated you might sell this info, I wouldn't do it. Even if you did I would think long and hard about it. Email lists do not go for a lot of money, and when people realize that it is your site that is selling them they will stop visiting your site.
     
    bluegrass special, Aug 17, 2007 IP
  7. dcristo

    dcristo Illustrious Member

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    #7
    I don't know for sure but I would presume it would be, because your facilitating spam (unless it was stated the email address will be given to third parties when opting in)
     
    dcristo, Aug 17, 2007 IP
  8. circuscircus

    circuscircus Peon

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    #8
    Probably not legal but I doubt anyone's going to sue you unless you are a company with a lot of money
     
    circuscircus, Aug 17, 2007 IP
  9. login

    login Notable Member

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    #9
    If its written in your TOS that you can sell or share the emails its ok.
     
    login, Aug 17, 2007 IP
  10. eastwood09

    eastwood09 Peon

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    #10
    no selling email isnt illegal. unless there are Trademark, violations of T&C involved.

    bigtoedomains.com
     
    eastwood09, Aug 17, 2007 IP
  11. NSmith

    NSmith Banned

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    #11
    You can not sell them unless they agreed to it. If you would of had a Terms of Service or Privacy set up telling them, and they agreed to it.
     
    NSmith, Aug 17, 2007 IP
  12. joebloggs

    joebloggs Peon

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    #12
    This is what my company does and as people have said, don't do it unless your users have opted in, allowing you to sell their addresses to a third party.
     
    joebloggs, Jul 24, 2008 IP
  13. SEOMize

    SEOMize Peon

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    #13
    Totally a bad idea, you'll lose your clients too.

    BTW, don't you get any spam email in your inbox? Did you think how they get your email ID? The way you're thinking is the way how they get your email ID.

    Please don't help spammer or spammy company like iEntry.
     
    SEOMize, Jul 24, 2008 IP
  14. dignews

    dignews Greenhorn

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    #14
    I don't think it's illegal, people are always selling email addresses on eBay.
     
    dignews, Jul 24, 2008 IP
  15. Professor

    Professor Well-Known Member

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    #15
    Just because people are always doing it on eBay doesn't make it legal.

    Its definitely not a good idea unless you have proof that they have opted-in.

    I would even go a step further and capture the date stamp and ip address when they opt-in or double opt-in. People love to sue people here in America...
     
    Professor, Jul 25, 2008 IP
  16. DeenaEsq

    DeenaEsq Peon

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    #16
    Frankly, I don't think any reliable reseller will touch them if they're not double opted-in addresses. In addition, you should make sure that you have specific information in your privacy policy that you sell email addresses.

    Let me know if you have any other questions.

    Deena Burgess, Esq.

    ___________________________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Jul 25, 2008 IP
  17. ivogue

    ivogue Peon

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    #17
    Why do something risky?

    If you have alot of e-mail address from your forum or website or however you got them, not from taking or stealing someone's information. Why not do a sponsor things, so people pay you to mass e-mailing their offers to your members?

    So you're not selling someone's information and sell it. Just an idea.
     
    ivogue, Jul 25, 2008 IP
  18. invisible

    invisible Banned

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    #18
    Selling it to someone who gonna use it for spamming isnt good and I think its illegal
     
    invisible, Jul 25, 2008 IP
  19. black.knight

    black.knight Peon

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    #19
    Selling email addresses of the others is 100% Illegal
     
    black.knight, Jul 25, 2008 IP
  20. Mark_H

    Mark_H Peon

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    #20
    selling emails is very well Illegal, 1 because your selling peoples private info in other words. but if you had there concent it would be a diffrent story, but i doubt any one would want there emails past around the world or what not. also im not 100% sure, but i think the only people that would be interested would be spamers, and there is a legal issue with that, because there is a such think as illegal spaming.
     
    Mark_H, Jul 26, 2008 IP