UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
October 1, 2003
BY FAX (202-974-5602) AND FIRST CLASS MAIL
William S. D'Amico, Esq.
Chadbourne & Parke LLP
1200 New Hampshire Avenue, NW
Washington, DC 20036
Re: In the Matter of American Student List, LLC
FTC Docket No. C-4072
Dear Mr. D'Amico:
The Division of Enforcement has reviewed the materials dated March 18, 2003, July 8, 2003, and September 10, submitted by American Student List, LLC ("ASL"). These materials were filed by ASL pursuant to Part VII of the above-referenced order (issued on January 28, 2003) to show the manner and form of ASL's compliance with the order.
The staff determined that certain correspondence submitted by ASL fails to comply with the Commission's order. Accordingly, the staff rejects pages 3 and 4 of Exhibit 3 to the March 18, 2003 submission (letters to teachers) for failure to include the disclosures required by Part II of the order. The staff has learned from The National Research Center for College and University Admissions, Inc. that it no longer sends out these letters in this form, and that its future letters to teachers will contain the disclosures required by Part II of the order.
In ASL's September 10, 2003 submission, you provided a list of the entities to whom ASL has provided the personally identifiable information collected from the student surveys ("Survey Data") and the way in which each of these entities has used the Survey Data. The staff believes that the disclosures being made by ASL pursuant to Part II of the order permit only certain uses of the Survey Data for noneducational-related marketing purposes (as defined in the order). Accordingly, should ASL use the Survey Data (or disclose the Survey Data to an entity that uses it) for a noneducational-related marketing purpose other than what was reported in your September 10, 2003 submission, the staff may once again review ASL's practices to determine whether it is in compliance with the order.
The staff has concluded, on the assumption that the information submitted is accurate and complete, that no compliance action is indicated at this time. We will not be precluded, however, from recommending to the Commission an appropriate action if the submitted information is inaccurate or incomplete or if respondent violates the terms of the order. The opinions expressed in this letter are those of the staff and not necessarily those of the Commission or of any Commissioner.
You will be advised of the General Counsel's determinations concerning your request for confidential treatment of portions of your compliance submissions by separate letter.
Elaine D. Kolish