Trading or sharing fax lists can be tempting for expanding your marketing reach, but it comes with significant legal risks and considerations. Here’s what you need to know:
Legal Risks of Trading Fax Lists
Violation of TCPA:
The Telephone Consumer Protection Act (TCPA) strictly regulates fax lists unsolicited fax advertisements. Using a list from another party that hasn’t obtained proper consent can lead to hefty fines and lawsuits.
Data Privacy Laws:
Regulations like GDPR (Europe) and CCPA (California) govern how personal data—including fax numbers—can be shared or sold. Trading lists without proper permissions can breach these laws.
Quality and Compliance Uncertainty:
When you trade lists, you may not know if the contacts opted in or have been scrubbed against Do Not Fax lists. This exposes you to spam complaints and blacklisting.
Best Practices to Avoid Legal Issues
Use Verified, Permission-Based Lists:
Only acquire fax lists from reputable providers who guarantee opt-in and compliance.
Get Written Agreements:
If sharing lists, ensure contracts specify compliance responsibilities and data usage limits.
Scrub Against Do Not Fax Lists:
Always clean any acquired list against official opt-out registries before faxing.
Inform and Obtain Consent:
Where possible, notify contacts about data sharing and secure their consent.
Summary
Trading fax lists without thorough due diligence and compliance checks can lead to legal penalties.
It’s safer and more effective to use professionally sourced, compliant lists or build your own opt-in lists.
Need guidance on compliant list acquisition or building your own fax list ethically?