Re: Options for an exploratory or future campaign committee to obtain a direct mail or email list

From:lutrecht@up-law.com To: robbymook@gmail.com CC: cheryl.mills@gmail.com, eric@up-law.com, john.podesta@gmail.com, Huma@clintonemail.com Date: 2014-12-18 00:35 Subject: Re: Options for an exploratory or future campaign committee to obtain a direct mail or email list

Hi Robby - our thought in the second option is that RFH, as it shuts down, would give its lists to another SuperPAC, and then the campaign could do a list exchange with that new SuperPAC that will continue to operate. This would cost the campaign nothing. The campaign could alternatively buy the names, but in that case you might as well buy them from RFH instead of transferring them elsewhere. We share many of your thoughts about the list and agree with your logic. In fact, there is a real question as to how many of these names are in fact new to HRC. RFH rented her existing 08 list several times. We suspect there could be substantial overlap between the lists she already has and the RFH lists. Of course, their list may have more updated data--addresses and other appended data. Re the pricing, the $.35 to $1 per thousand would be the range for paying only for updated data such as mailing addresses and email addresses for names she already has on her lists. So she is not buying the names only updated data. You are right that this would be very inexpensive. But we won't know the number of names in this category until a vendor does the match and analysis. We did not give you a price for buying the RFH lists because it will depend on how many of the names she already has. It will also vary depending on the type of list. For reference, the following is a breakdown of what the existing HRC list has been purchased and rented for. Our goal in these transactions was a different goal than now--the prior goal was to maximize the payments. RFH's lists would not have to be valued at these same rates. _________________ For reference only: COST TO BUY LIST: When HCFP sold names to FOH in January 2009, these are the prices that were used per name: $2.62 per name for Donors (online and mail) $1-$99 $2.00 per name for Online Activist $1.00 per name for Online Supporter The 3rd party valuation for the total sale in 2009 was approx $2.55 million for about 1.56 million names. COST TO RENT LIST: Here are base prices FOH currently charges for list rental. There are also associated processing fees which are not included below. $200/1000 names for email donors $100/1000 names for email activists $75-80/1000 names for direct mail donors __________________ If you wanted to go the purchase route, a vendor would have to do a match and analysis (approx $1-2k), then we would take that and reduce the cost based on a variety of factors as we noted in our Options summary. This would need to be done to get a good figure for purchase. We agree that emails from RFH to their lists pushing people to the campaign (and uncoordinated as you suggest), would be both free and likely successful. You probably saw the press stories last weekend about the fact that there is already a complaint filed nearly a year ago about RFH's rental of the Friends of Hillary list. It won't be the last. Let us know if you want to discuss any of this. Lyn and Eric Sent from my iPhone On Dec 17, 2014, at 7:31 PM, "Robert Mook" <robbymook@gmail.com<mailto:robbymook@gmail.com>> wrote: This is very helpful, thank you. List acquisition is always so stimulating. One clarification question: In your second option in the document, is the idea that RFH would transfer the list to another super pac, which would in turn to sell it to the campaign? Big picture, I'm approaching this from the following position: does the benefit of a campaign getting the list outweigh the cost in dollars, compliance headaches, and scrutiny (actual FEC investigation or just handwringing in the press...especially early). Of course, there's also the question of whether the campaign will get most of these names itself if it's running a strong acquisition program. Does that logic make sense? In this regard, the best solution seems to be that RFH simply email their list multiple times pushing people to opt in to the campaign's list. I assume this would be both free and fully legal as long as it is never requested by the campaign or it's agents? And am I understanding your math correctly, that if they have 3.5 million names that it would likely cost in the neighborhood of $3,500 to purchase the entire list ($1 per 1000)? If so, that's a bargain. Thanks again! On Wed, Dec 17, 2014 at 2:19 PM, Cheryl Mills <cheryl.mills@gmail.com<mailto:cheryl.mills@gmail.com>> wrote: John/Robby/Huma See below and attached Attorney-client communication for your information ---------- Forwarded message ---------- Hi Cheryl - here are some options for getting the lists. A few key points: We can't give you a number on cost of purchase without doing a match of the two lists. This would require getting both lists to a vendor. Our vendor estimates the cost at $1-2,000. We believe Ready for could pay that cost to determine the value of its list. We will also look further into the pricing of appended and updated info. The discussions about this should probably take place between lawyers for the entities who can do so as an effort to make sure that there is agreement re the law. There should not be a request or direction on behalf of HRC as to how R4H disposes of its list. If a decision is made to purchase it, a request may be made for that. Please let us know if you have questions. Lyn and Eric