UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
October 1, 2003
BY FAX (202-974-5602) AND FIRST CLASS MAIL
Dana B. Rosenfeld, Esq.
Bryan Cave LLP
700 Thirteenth Street NW
Washington, DC 20005-3960
Re: In the Matter of The National Research Center for College and University Admissions, Inc., and Don M. Munce
FTC Docket No. C-4071
Dear Ms. Rosenfeld:
The Division of Enforcement has reviewed the materials dated April 4, 2003, June 20, 2003, September 9, 2003, September 16, 2003 and September 22, 2003 submitted by The National Research Center for College and University Admissions, Inc., and Mr. Don M. Munce (collectively, “NRCCUA”). NRCCUA filed these materials pursuant to Part VIII of the above-referenced order (issued on January 28, 2003) to show the manner and form of NRCCUA’s compliance with the order.
The staff determined that certain privacy statements, correspondence and other materials NRCCUA submitted fail to comply with the Commission’s order. Accordingly, the staff rejects the following material for failure to include the disclosures required by Part II of the order: (a) from the initial compliance report dated April 4, 2003, pages C-5 through C-7 of Exhibit C, Exhibit E, Exhibit F and Exhibit H; and (b) from the supplemental compliance report dated September 9, 2003, pages A-1 through A-8 of Exhibit A. In addition, the staff rejects Exhibit G of the initial compliance report dated April 4, 2003 for failing to comply with Part III of the order. NRCCUA has confirmed that these documents have either been discontinued or have been revised to comply with the order.
In NRCCUA’s September 9, 2003 submission, you provided a list of the uses NRCCUA has made of the student personally identifiable information (student PII) collected in its student surveys. You also provided a list of the entities to whom NRCCUA has provided the student PII and the way in which each of these entities has used the student PII. The staff believes that the disclosures being made by NRCCUA pursuant to Part II of the order permit only certain uses of the student PII for noneducational-related marketing purposes (as defined in the order). Accordingly, should NRCCUA use the student PII (or disclose the student PII to an entity that uses the student PII) for a noneducational-related marketing purpose other than what was reported in your September 9, 2003 submission, the staff may again review NRCCUA’s practices to determine whether NRCCUA 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 respondents violate 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