UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

November 12, 2003

BY FAX (412-355-6461) AND FIRST CLASS MAIL

Patrick J. McElhinny, Esq.
Kirkpatrick & Lockhart LLP
Henry W. Oliver Building
535 Smithfield Street
Pittsburgh, PA 15222-2312

Re:    In the Matter of Educational Research Center of America and
          Student Marketing Group, Inc., FTC Docket No. C-4079

Dear Mr. McElhinny:

The Division of Enforcement has reviewed the materials submitted on July 9, 2003 by Educational Research Center of America, Inc., Marian Sanjana, Student Marketing Group, Inc., and Jan Stumacher (collectively, “Respondents”). The Respondents filed these materials pursuant to Part IX of the above-referenced order to show the manner and form of their 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 the Respondents violate the terms of the order.

You will be advised of the General Counsel’s determinations concerning your request for confidential treatment of portions of the compliance submissions by separate letter.

Sincerely,

Elaine D. Kolish
Associate Director