No Consent Verification: The most crucial aspect of CASL and GDPR is explicit, verifiable consent. An email verification tool cannot tell you if the person at [email protected] agreed to receive marketing emails from your specific business. It only tells you if [email protected] is a valid, active email address.
Implied Consent (CASL): buying a list means you don't have that direct relationship or documented interaction that forms the basis of implied consent.
GDPR Strictness: GDPR is even stricter, generally requiring clear, south africa email list unambiguous express consent for processing personal data, including email addresses for marketing. Purchased lists almost never meet this standard.
Spam Traps Remain a Risk: While verification services try to detect spam traps, some might still slip through, especially if they are recycled spam traps (old, inactive accounts that have been reactivated by ISPs to catch spammers).
Legal and Ethical Implications of Using Verified Bought Email Data
Even after verifying a bought email list for technical validity, the legal and ethical risks remain severe.
Violation of Consent-Based Laws (CASL, GDPR, etc.): This is the paramount concern.
CASL: Requires express or implied consent. Sending to a bought list, even if verified, means you lack this fundamental consent, making every CEM you send a potential violation. The burden of proof for consent is on the sender.
GDPR: Demands "freely given, specific, informed, and unambiguous" consent. Purchased lists rarely, if ever, meet this requirement. Fines under GDPR can be astronomical (up to 4% of annual global revenue or €20 million, whichever is higher).
CAN-SPAM (US): While less stringent on consent (it's "opt-out" focused), using purchased lists still carries risks of high spam complaints and deliverability issues, which CAN-SPAM also regulates regarding misleading headers, subject lines, and clear unsubscribe options.
Damage to Sender Reputation: ISPs (Internet Service Providers like Google, Microsoft, Yahoo) track your sending behavior. Even if an email is technically valid, if the recipient marks it as spam (which is highly likely with an unconsenting audience), your sender reputation takes a hit.
Even where CASL allows for implied consent
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