In Re:, Inc., Marketing and Sales Practices Litigation

Filing 63

DECLARATION re 56 MOTION for Summary Judgment of Veronica Miller by Valueclick Inc., E-Babylon Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Mitrou, Joan)

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In Re:, Inc., Marketing and Sales Practices Litigation Doc. 63 Case 1:07-md-01820-JLT Document 63 Filed 07/20/2007 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE WEBLOYALTY.COM, INC. MARKETING AND SALES PRACTICES LITIGATION MDL No. 07-01820 - JLT Lead Case: 06-11620-JLT DECLARATION OF VERONICA MILLER IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT I, Veronica Miller, submit the following declaration in support of Defendants' Motion for Summary Judgment. 1. I am the Director of e-Commerce of ValueClick.1 As such, I am familiar with the worldwide-web page flows and transaction processes used by customers of I am also familiar with the screen flows and transaction processes used by customers that choose to enroll in Webloyalty's Reservation Rewards program while completing transactions. 2. This Declaration is based on my personal knowledge of's systems and their relationship to the systems used by Webloyalty for the Reservation Rewards program, and on my review of records and information supplied to me regarding the transaction of Plaintiff Alcides Melo. 3. Plaintiff Melo purchased an item through on August 3, 2005. Plaintiff Melo enrolled in the Reservation Rewards' program through an offer made in connection with this transaction. 1 E-Babylon, Inc. is a wholly-owned subsidiary of ValueClick, Inc. E-Babylon, Inc. owns and operates -1- Case 1:07-md-01820-JLT Document 63 Filed 07/20/2007 Page 2 of 4 4. On August 3, 2005,'s world-wide-web transaction screens included information regarding an optional offer, coded 51283, from Webloyalty's Reservation Rewards programs. A true and accurate copy of the Reservations Reward offer coded 51283 containing the description of the Reservations Rewards program, the scroll-down box containing the Offer and Billing Details, and the email signature sign-in boxes is attached as Exhibit 1 to this Declaration. 5. Under the screen flow in place on August 3, 2005, Plaintiff Melo first visited the "Checkout" page. On this page, he was asked to confirm the items for purchase in his shopping cart and to enter his billing and shipping information. When he had entered and confirmed the required information regarding's transaction, Plaintiff Melo had to click on a button marked "submit my order." Attached as Exhibit 2 to this Declaration is a true and accurate copy of the form of Checkout page visited by Plaintiff Melo on August 3, 2005. 6. After he clicked "submit my order," Plaintiff Melo was next directed to the Reservation Rewards enrollment page. See Exhibit 1. The Enrollment page contained a detailed description of the Reservation Rewards program, including multiple disclosures regarding the cost of the program, the fact that, on enrollment, Plaintiff Melo's credit or debit card and other personal information would be transferred from to the Reservation Rewards program, and that he could cancel at any time. See Exhibit 1. 7. To enroll in Reservation Rewards from this Enrollment page, Plaintiff Melo was required to take several steps. First, he was required to type his email address into the empty box under the statement: "By entering my email address as my electronic signature and clicking YES, I have read and agree to the Offer and Billing Details and authorize to securely transfer my name, address and credit or debit card information to Reservation Rewards for billing and benefit processing." See Exhibit 1. Second, Plaintiff Melo was required to again enter the same -2- Case 1:07-md-01820-JLT Document 63 Filed 07/20/2007 Page 3 of 4 email address in a confirmation box under the words "Verify email." Third, he was required to click the large red button containing the word "YES!" See Exhibit 1. 8. After Plaintiff Melo took the three steps described in paragraph 7, several things happened. First, the window in which he was viewing the Enrollment page was taken to the purchase confirmation page, which contained the details regarding his transaction for his records. Attached as Exhibit 3 to this Declaration is a true and correct copy of the form of Confirmation page visited by Plaintiff Melo on August 3, 2005. 9. At the same time, because Plaintiff Melo had entered his email twice on the Enrollment page and clicked the "YES!" button, he was enrolled in Reservation Rewards. At this time, and not before, transmitted Plaintiff Melo's debit card and identifying information to the Reservation Rewards program. It was not possible to join Reservation Rewards from this screen flow on August 3, 2005, without taking each of these three affirmative steps and, until Plaintiff Melo chose to enroll in Reservation Rewards by taking these steps, no credit or debit card or other personal identifying information of Plaintiff Melo was transmitted from to the program. 10. The data transferred from to Reservation Rewards at this point consisted of the customer's name, address and credit or debit card information, with the information encrypted before transmission. One piece of information that was not passed from to Reservation Rewards was the customer's email address. Thus, the only way Reservation Rewards could have obtained the email address contained in its records for Plaintiff Melo was if he voluntarily typed it into the two signature boxes on the Reservation Rewards Enrollment page. -3- Case 1:07-md-01820-JLT Document 63 Filed 07/20/2007 Page 4 of 4 I declare under penalty of perjury that the foregoing is true and correct. Executed on 13th day of July, 2007 at Los Angeles, California. /s/ Veronica Miller Veronica Miller -4US1DOCS 6286191v1

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