STATEMENT OF COMMISSIONER THOMAS B. LEARY
CONCURRING IN PART AND DISSENTING IN PART

Smart Data Systems, File Number 012-3066
Discreet Data, File Number 012-3067
Information Search, Inc., File Number 012-3083

I would have voted for complaints that pleaded "deceptive acts or practices" in violation of Section 5(a)(1) of the Federal Trade Commission Act, in addition to violations of the Gramm-Leach-Bliley Act, and that requested preliminary and permanent injunctive relief against the violations of law asserted. At the present time, I do not believe we have a sufficient basis to plead that the defendants' conduct was "unfair" or to request further ancillary relief.