By Ray Schultz
Ed Proctor, the veteran list broker whose father had started in 1899, labored on into his 90s, serving a few loyal clients from his office in Haworth, New Jersey, and enjoying lunches at his nearby club. But he was ousted shortly before he died in 2000, and by this time, new players had taken over, like Robert Castle, a man who wrote software and could discuss De Kooning as easily as he could lists. In 1974, Castle used the Freedom of Information Act to buy bought a list of 1.9 million people who had purchased Carson City silver dollars. It cost him only $515. Even better, “a truck pulled up with boxes that contained the magic words: ‘master tape,’” Castle said. “I had the only copy.”
Castle scored another coup in landing the list brokerage account of National Liberty, a mail order insurance company run by Arthur De Moss and staffed largely by religious missionaries. Castle helped sell many programs, including veteran’s insurance to policies for non-drinkers.
How would you verify that they didn’t drink?
“It was phony,” Castle laughed. “You couldn’t prove it.
Another upstart was Marty Lerner, an aeronautical engineer who had run a school called the Institute of Computer Technology. He found that colleges were desperate for names of high school students to whom they could send junk mail. So he started a company called American Student List, and made some money renting lists to them. He also did some commendable, pro bono work, using his database to locate missing children.
But a certain hubris crept in. The Educational Testing Service Inc., which tested college hopefuls, and the Student Union refused to rent him their own lists of names. Lerner sued in 1979, claiming anti-trust issues, and probably regretted it, for his deposition shed light on the tactics he used to create lists.”When you started your company, did you have any training at that time in computers?” the opposing lawyer asked in a deposition.
“Or the direct mail business?”
“Or marketing of any sort?”
Lerner’s credentials having been established, the lawyer moved on to the delicate subject of where he got the names of college-bound high school seniors.
“The largest source is the motor vehicle bureaus throughout the country,” Lerner said..
“Are there any other sources?”
“Schools, school directories and lists that guidance counselors may have.”
He refused to be more specific, and the lawyer said, “Let the record show that he is refusing to give the names of sources.”
Lerner then conceded that he also obtained names from school ring companies, and from students themselves.
The conversation turned to the fact that Motor Vehicle files have little real information on them.
“There is nothing you can get from a motor vehicle department other than the name and address,” Lerner said. ”That’s the only thing they supply us.”
“You don’t try to find out which of those students intend to go to college, and which do not?
“No, we don’t want to find out anything about them.”
“Did you ever at any time consider putting on your advertising brochure a statement to the effect that these were not all the names of high school students?”
“No, I never considered doing that.”
“Or giving any indication in your circulars and brochures that many of these people were simply people of the right age?”
“No, I never considered doing that.”
“And the reason you refer to this as a list of high school seniors is that you feel you had leeway to puff, is that correct?”
“Did you tell the Securities and Exchange commission that your list was a list of high school seniors?”
“Were you puffing them, too?”
“No, I don’t think I was puffing them.”
“Have you ever tried to ascertain whether or not HS students have to legal capacity to consent to their use of names?
“No, I never did.”
“You never looked into that?”
The lawyer asked if it was true that some of the Student Union’s names had ended up on Lerner’s list without permission.
“I believe we were supplied with a tape,” Lerner said. “That tape was probably taken and selected with our own file, so that the names could be merged in and de-duplicated.”
“Is it a fact that if some other (fitm) were to request a list by that category, he would get those Student Union names?”
“Ultimately, that’s what did happen.”
“Did you know that these names would become part of your
“Yes, that’s right.”
“Isn’t that against the rules?”
“Well, I don’t know what you’re referring to by rules right at the present time.”
Lerner qualiied his answer by saying it was a mistake.
Despite the fact that this lawsuit went nowhere, Lerner prospered as the 1980s went on, and so did a host of other list peddlers—people who took a 20% commission as broker on list rentals and 10% as manager, and prospered as the business boomed. One of them, Jack Oldstein, expressed it perfectly on a promotional button he sent to clients in 1983: “Rub the Buddha for money.”