Legal Question in Business Law in Missouri

Using a customer list

If I leave my employer to start my own business and I use the customer

information to contact those customers am I breaking any laws?

I had valid reason to have this information on my personal laptop (Which

I used at the business). The information was accessible freely to all

employees, and they did not ask me to destroy any copies I had. I had no

employee contract and had not signed any no-compete agreements.


Asked on 10/10/03, 4:38 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Using a customer list

This is a dangerous area. There is a potential claim against you for taking "trade secrets" although I like the fact that the material was not safeguarded and you were not asked for the material back.

There are lots of doctrines at issue here, including trade libel, etc., and you need to be careful. It would be a good idea if you got a legal opinion on what you are going to send to the customer list.

Good luck on your business venture.

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Answered on 10/10/03, 4:43 pm
Spencer Farris The S.E. Farris Law Firm

Re: Using a customer list

So long as the information you are using is generally available, as in, telephone directory, trade directories, etc., I do not concieve any problems. If the data you have contains private information, like social security numbers, credit card information, there may be a problem. That information, if there, is guaranteed to be kept confidential by your company, I suspect. Therefore, if it is not, the customer has a right against the company, which will eventually affect you.

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Answered on 10/12/03, 1:04 pm


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