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in these transactions." During 1993, Names changed that language
to state: "We will bill mailer on behalf of list owner; payment
(less commission) will be made upon receipt of payment from the
mailer. We act only as agent for the list owner or the mailer in
these transactions."
The list manager can also act for the mailer as a list
broker. The activities of a list broker include: (1) Searching
advertisements and databases for appropriate list offerings for
the mailer to rent, (2) coordinating the rental transaction on
behalf of the mailer, (3) collecting payment from the mailer to
remit to the list manager or list owner, and (4) analyzing the
results of the mailing to determine whether it was successful.
The same list broker does not participate in every transaction.
Rather, each mailer chooses its own list broker to act on its
behalf.
In a typical list rental transaction involving petitioner's
rental list, the mailer contacts the list manager either directly
or through a list broker and submits a proposed list rental
order. If any mailer, other than petitioner's affiliates,
contacts petitioner directly, petitioner refers that mailer to
the list manager. Along with the list order, the mailer
indicates the time of the mailing and encloses a copy of the
materials to be sent. The list manager forwards the order to CMS
for approval. CMS reviews the proposed mailing pursuant to
guidelines that petitioner provides and either approves or denies
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Last modified: May 25, 2011