- 50 -
1989 -0- -0-
Totals 206,248 422,791
When W&H obtained names for petitioner to use as lessee,
including non-petitioner names from W&H’s masterfile and third-
party names for which W&H exchanged petitioner names, W&H charged
or passed on any direct out-of-pocket costs of obtaining those
names to petitioner. These out-of-pocket costs included
computer-processing charges and mailing charges.
W&H’s masterfile had numerous subparts or discrete “list
selects” that could be selected via computer processing. For
example, list selects of all donors to sweepstakes contest
appeals, all donors to health causes, all donors to cancer-
related health causes, or all donors to a particular W&H client,
could be obtained through computer selection.
During 1984 through 1989, W&H exchanged segments of
petitioner’s housefile list between 200 and 300 times. These
exchange transactions involved as few as 5,000 petitioner names
or as many as 300,000 petitioner names.
For each of these exchanges, W&H charged petitioner the
published SRD rental fee of the names received in the exchange;
if no published SRD rate existed, then W&H charged petitioner the
published SRD rental fee of petitioner’s names that were given up
in the exchange. UCC’s payments to W&H on account of these
charges constituted income to W&H.
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