PerformanceData Appeals FTC Ruling

Posted on by Chief Marketer Staff

PerformanceData, the credit information provider formerly known as Trans Union, has appealed the Federal Trade Commission’s August decision that the firm’s marketing lists are, in effect, consumer credit reports, and that their sale is in violation of the Fair Credit Reporting Act (FCRA).

PerformanceData argues that the data in its CRONUS consumer database does not reflect creditworthiness.

Instead, according to the appeal documents, the company relies on “certain types of trade lines to enable its customers to target people who might be interested in the customers’ goods or services.”

The appeal requests that the FTC find PerformanceData’s marketing lists and targeted marketing products (E-Val, PIC, P$YCLE, SOLO and TIE) are not consumer reports, and therefore that sale of those products is not in violation of the FCRA.

The papers further request that consumer names and addresses disclosed through PerformanceData’s reverse-append process are not consumer reports, and that likewise their sale is not in violation of the FCRA.

Until the matter is settled, PerformanceData’s products remain available to direct marketers.

Experian, the principal competitor in this area, has been operating under a consent decree since 1991, agreeing to limit itself to “above-the-line” information such as name and address.

Experian has since filed a petition with the U.S. District Court for the Northern District of Texas, asking that its consent decree be amended. The decree, the company claimed in its petition, placed the company “at a serious disadvantage, because it is less competitive in the marketplace than other target marketing businesses.”

Equifax, once the other major player in this arena, withdrew in 1991.

Karl, Roman Employees Face Bomb Scare A bomb scare forced 75 Walter Karl/InfoUSA employees and 50 Edith Roman Associates Inc. staff members from their Pearl River, NY office building for several hours last month. Security at the Blue Hill Plaza office complex had received a call from an unidentified person that a bomb had been placed in the complex that would detonate at 10 a.m. The building was evacuated and searched by police and a bomb-disposal technician before employees were permitted to return to the building around noon. No bomb was found and no one was injured in the incident.

Mokrynski Names Three to International Division Mokrynski & Associates Inc., Hackensack, NJ, has named Mark Bridges vice president/director, international division; John Lo Giudice sales representative, international list management; and Holly Hornyak vice president, international brokerage.

SK&A Names DiSciullo Sales Manger K&A Information Services Inc., New York, has named Henry DiSciullo Eastern regional sales manager. DiSciullo’s responsibilities include developing existing as well as new business and working closely with the company’s sales force. Previously, DiSciullo was employed by Walter Karl/InfoUSA as its director of database marketing services.

Millard Appoints Catalog Director illard Group Inc., Peterborough, NH, has appointed Bill LaPierre director in the catalog brokerage division. Previously, LaPierre served the company for two years as account manager. His responsibilities included catalog list brokerage, catalog launches and developing new accounts.

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