ACT sells colleges lists of names falling within ranges of ACT scores which colleges use for recruiting purposes, although it does not not usually provide the actual score per person. It is in its terms and conditons and privacy statment made a part thereof that you supposedly agree to when signing up for the ACT, but which is seldom actually read by anyone.To prevent it you need to opt out rather than in when you sign up for the test. There is actually a class action lawsuit going on now involving what ACT provides to colleges and its method of getting approval.