Selling company generated leads to private individual

[arrabiata]

What is the name of your state (only U.S. law)? California

An independent contractor at a sales/marketing company who receives leads bought/generated by her company has offered to sell me her used leads that she is unable to do anything with. It is unclear whether her company does anything with these leads or simply discards them.

i work at a competing firm that sells a similar service at a vastly reduced price. The individual who is offering to sell her leads to me is not an employee of her firm and has signed no paperwork with them. Does she have any legal liability if she is found out?

Am I breaking any laws by purchasing her leads that were given to her without preconditions or signed contracts? (Receiving stolen property, etc)What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

An independent contractor at a sales/marketing company who receives leads bought/generated by her company has offered to sell me her used leads that she is unable to do anything with. It is unclear whether her company does anything with these leads or simply discards them.

i work at a competing firm that sells a similar service at a vastly reduced price. The individual who is offering to sell her leads to me is not an employee of her firm and has signed no paperwork with them. Does she have any legal liability if she is found out?


**A: of course she does? What makes you think otherwise?


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Am I breaking any laws by purchasing her leads that were given to her without preconditions or signed contracts? (Receiving stolen property, etc)What is the name of your state (only U.S. law)?

**A: the leads are company property and if the company agrees, only then can she do a deal with you. Even if the company throws the leads away, that does not give her permission to sell or even give the leads to you.
Furthermore, there would even be a conflict of interest.

 

[arrabiata]

Thanks, Guru. Obviously there is a small conflict of interest. The question is, is it legally actionable on my side, as the person receiving the information? Realize that she is only offering to sell me her leads that she is unable to use/sell. If the company discards these leads, what damages could they show? As an independent contractor with no signed agreements with her firm what legal obligation does she have to not share information gained in the course of her employment with another party? Does that obligation legally extend to me, the person receiving this information? What would the company have to show in order to successfully sue me?

 

[HomeGuru]

Thanks, Guru. Obviously there is a small conflict of interest. The question is, is it legally actionable on my side, as the person receiving the information? Realize that she is only offering to sell me her leads that she is unable to use/sell. If the company discards these leads, what damages could they show?

**A: hello, can you hear me, can you hear me now? You totally missed the point here. The leads are not HER leads but company property. Read my post again and this time very very s l o w l y.


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As an independent contractor with no signed agreements with her firm what legal obligation does she have to not share information gained in the course of her employment with another party?


**A: I could give you a long long response but hey, I got other posts to respond to here. Suffice to say, she has a huge legal obligation and fiduciary duty to her client to protect the property/information of the company.
Statutory and case law is out there specifically on this issue. Why not use your computer and do some research for yourself.

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Does that obligation legally extend to me, the person receiving this information? What would the company have to show in order to successfully sue me?

**A: yes, you could be charged with aiding and abetting in the theft and disemination of company property and I could name 8 other cause of action.