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the cardholder's accounts were not preapproved, they did not
contain some material recommended by professional marketers, they
were not in full color, and they were of ordinary size. USNB
received more positive responses from its mailings than it did
from petitioner's mailings. Ninety-five percent of the
cardholders became cardholders because of USNB's marketing
efforts.
2. Petitioner's Occasional Assistance to Alumni
After the affinity credit card program began, petitioner
occasionally received requests from alumni for credit card
applications. In each case, petitioner sent a brochure to the
person making the request.
Petitioner received a few complaints from alumni who had
been denied a credit card. Petitioner referred those complaints
to USNB and asked USNB to look into the problem. USNB decided
whether to issue a credit card. On each occasion, USNB told
petitioner that the alumni member was contacted and the matter
handled appropriately.
Petitioner requested on behalf of certain alumni that USNB
send preapproved applications, expedite applications, and
establish some credit limits above the standard.
Some alumni asked Wirth about the credit card program. He
mailed a cover letter and application to each of those alumni.
Wirth told eight of those alumni to send the applications to him
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Last modified: May 25, 2011