- 59 - As of May 19, 1989, near the end of the term of the Contract, petitioner’s housefile contained a total of 2,084,019 donor names, of which 1,165,153 were “active names” and 918,866 were “inactive names”.16 As of May 8, 1989, petitioner’s housefile contained 1,164,698 “active donor names”, which had been produced from the sources indicated in table 9. Table 9 Source Number of Names Sweepstakes Mailings 810,411 15(...continued) which 19,915,212 were sweeps letters. The stipulated status report shows 75 housefile mailings, but a total of only 21,849,216 letters. The 47 sweeps housefile mailings that we were able to identify involved 17,313,153 letters. It may be that the status report misidentified mailings totaling about 6,000,000 names. Although the discrepancy between the stipulation and the stipulated exhibit is substantial (more than 10 percent of the total), it does not affect our ultimate conclusions. 16 The parties stipulated to these numbers of “active names” and “inactive names”. An invoice dated May 19, 1989, to petitioner from Wiland, the computer company that maintained petitioner’s housefile, reflects that Wiland had prepared a computer tape of petitioner’s housefile that contained 1,165,153 “active names” and 918,866 “inactive names”. According to Dan Wells, an employee of Wiland who testified at trial, “active names” were the names that petitioner had mailed most recently. Interestingly, Watson, during his testimony, estimated that petitioner’s housefile, as of the May 30, 1989, date petitioner’s contract with W&H ended, contained approximately 250,000 to 300,000 “active names” and another 1 million “inactive names”. Watson, however, defined “active names” to be names which, at that point, would produce a profit if mailed to, and “inactive names” to be names which, at that point, would not produce a profit if mailed to. He elaborated that the actual categorization of a particular name as “active” or “inactive” results from applying a complex statistical aging formula.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011