Legal Question in Business Law in California

Advertising Law

My question regards the legality of advertising and direct mailers. My friend has a company that has a list of 3,000 names of the wealthiest people in the entertainment and sports industries. He got this information from the internet and has received it from various sites and public domains. All of the contact information is their place of business, not personal home addresses. Now he is selling the list to various real estate agents, and other people who might benefit from such a list. I was wondering if this is legal. The information was given to him off the internet, but now he has turned around to sell it too various agencies for a profit. It seems legal, because all the information is public, but I thought I would just get some quick legal advice before I went ahead with anything further. Thank you for your help and assistance in this matter.


Asked on 8/22/05, 9:04 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Advertising Law

There are any number of companies that sell mailing lists, usually on little sticky labels.

Everybody, rich or poor, famous or obscure, gets junk snail mail. No matter who you are, someone is selling your address -- and it's all perfectly legal.

Unless the info was purloined, or the source had a duty to keep it confidential, it would seem to be OK to use it in this manner.

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Answered on 8/22/05, 9:56 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Advertising Law

If "your friend" sells a list with 3,000 names and addresses of wealthy sports and entertainment stars, that's 3,000 well-heeled potential plaintiffs who can all afford expensive lawyers to file invation-of-privacy or similar suits. Maybe 99.9% of them won't -- that still leaves three expensive lawsuits to defend. Maybe you'll win them, but against angry and wealthy opponents, your defense will be expensive.

The Web sites don't have the same exposure because either (1) they are anonymous, or (2) aren't selling the information for a profit. If you (or your friend) reveal your identity and try to make a profit, you are setting yourselves up for suit.

As I said, nearly all of these celebs won't care enough to complain; some may even welcome the exposure. But there's always a small percentage who would go after a profiteer with a well-publicized business address, and perhaps with deep pockets.

Unless this business promises to be very profitable, it may be too risky to be worth while.

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Answered on 8/22/05, 10:24 pm


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