#general-chat
Thread
tl;dr - if you buy an email list from bankruptcy, can you email that list?
One of our old retailers is filing for bankruptcy and their list (including a lot of our customers and a highly target rich list of potential customers) is an asset for sale.
If we were to buy it do you:
1. Think it would be legal for us to email that list. Given that IP would be a part of our company seems like a very grey area.
2. Think we SHOULD email that list if we can?
I’m not a lawyer but used to be an institutional investor. Mostly high yield but some distressed. So take this with a grain of salt.
1. An asset is anything of value and can be sold.
2. Bankruptcy judge and sellers are interested in maxing value.
3. Look at the terms of their sign up box, their ESP. If all good, you should be able to buy.
Consult an attorney if your research indicates it’s not prohibited.
People buy lists all the time, but it can hurt your sender reputation and email deliverability. If you do buy the list, don't email everyone all at once. I'd take a small portion of the list and see what the open and unsubscribe rates look like before emailing the rest.
I think it comes down to how your brand feels about grey hat tactics. To my understanding, emailing people without their express consent is perfectly legal assuming the emails you send aren't trying to dupe people and you provide an unsubscribe option. Official FTC guidance .
@David Baker — you might also ask the people you’re buying the list from to send to their list 1-2x and say something positive about your company