Is Buying Leads Legal?

When Can You Use Purchased Leads Without Consent?

Publicly Available Contact Information:

  • You may contact a business if their details are publicly available (e.g., on their website, industry directories, or professional platforms) and clearly intended for communication purposes.
  • Examples include email addresses listed on a company’s “Contact Us” page for inquiries.

Implied Consent:

  • The Spam Act allows communication where there is an existing business relationship or where it is reasonable to assume the recipient expects contact due to their role or published information.
  • For example, reaching out to a purchasing manager at a company to discuss services related to their industry.

B2B Communications:

  • The Spam Act 2003 focuses heavily on protecting individuals rather than businesses. Commercial electronic messages sent to corporate entities for legitimate business purposes are generally permissible, provided they are relevant to the recipient’s role or industry.

Key Requirements for Legal Use Without Consent

To ensure compliance while using purchased leads without explicit consent, follow these guidelines:

Ensure Relevance of Communication

  • Only send communications that are relevant to the recipient’s business, role, or industry. Irrelevant or generic messages increase the likelihood of complaints and legal issues.

Include Accurate Sender Information

  • Clearly identify yourself and your business in every communication. This includes:
    • Your name or business name.
    • Contact details, such as a valid phone number, email address, or physical address.
    • An accurate sender email address that matches your domain.

Provide a Functional Unsubscribe Option

  • Every message must include a clear and simple way for recipients to opt out of future communications. Examples include:
    • A link to unsubscribe from emails.
    • A statement offering the recipient an easy way to opt out, such as replying “Unsubscribe.”
  • Honor opt-out requests promptly, typically within 5 business days.

Avoid Personal Data

  • Ensure the leads you use do not include private or personal data, such as personal email addresses or phone numbers, unless explicit consent has been provided. Focus only on business-related contact information.

Use a Targeted and Professional Approach

  • Tailor your communications to the recipient’s business needs and ensure the tone is professional. Avoid using spammy language or sending repetitive messages.

Examples of Legal Use Without Consent

  • Sending an email to a business owner whose email address is publicly listed on their website to inquire about partnership opportunities.
  • Contacting a company’s procurement department with a service or product that aligns with their industry needs.
  • Reaching out to a sales manager whose contact details are included in an industry directory intended for B2B outreach.