Koschitzki v. Apple Inc. et al

Filing 19

AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims of TJ Terry filed by AT&T Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Greenblatt, Steven)

Koschitzki v. Apple Inc. et al

Doc. 19

UNITED STATESDISTRICTCOURT EASTERN DISTRICTOF NEW YORK X AVI KOSCHITZKI.on Behalfof Himselfand all OthersSimilarlySituated, Plaintiff. vs. A P P L EINC. andAT&T MOBILITY LLC,
Defendant. X I, TJ Terry, declareas follows: 1. The following facts are of my own personalknowledge, and if called as a witness

1-JBW-WP C i v i l ActionNo. I :08-cv-0445 DECLARATION OF TJ TERRY IN S U P P O R TOF DEFENDANT AT&T M O B I L I T Y LLC'S MOTION TO COMPEL ARBITRATION AND D I S M I S SACTION

I could and would testiS competently as to their truth. 2. I am employed by Apple Inc. ("Apple") as Senior Manager, Store Operations. I

have held this position since July 2008. My previous position, which I held from June 2006 through July 2008, was Manager of Daily Operationsand Store Support,Apple Retail. I am familiar with Apple's routine policies and proceduresin its retail storesin the United States. I also am familiar with the policies and proceduresby which Apple retains recordsof iPhone 3G salesand customers' acceptance the serviceterms of AT&T Mobility ("AT&T"), and how of those recordsmay be retrieved. 3. Any customer who purchases an iPhone 3G from an Apple retail store must

confirm that he or she accepts the terms of AT&T service as a condition of completing the transaction. 4. To indicate that a customer accepts AT&T's Wireless Service Agreement, Terms and

including its Terms of Service, a customer must mark a box labeled "AT&T

sf-2610451
Dockets.Justia.com

Conditions" and write his or her signature on an EZ Pay handheld device. True and correct copies of the screenson which a customer indicates his or her acceptanceof AT&T's service agreement and the screen on which a customer must sign his or her name, as it would have appearedto a customerpurchasing an iPhone 3G in August 2AA8,are attachedas Exhibits I and

2. 5. It is Apple'spolicy that,usingcomputers Apple retail stores, in Apple store

employeesoffer to show customersa copy of AT&T's Wireless ServiceAgreement, including its Terms of Service, and a copy of Apple's Terms and Conditions, and can print out copies for the customer upon request. A true and correct copy of AT&T's Wireless Service Agreement, as it would be printed for such a customerin August 2008, is attachedas Exhibit 3. 6. Apple retail store personnelwill not activate the iPhone 3G and will not charge a

customer for the iPhone 3G until, among other things, the customer has marked the boxes indicating his or her acceptance AT&T's Wireless Service Agreement and Apple's Terms and of Conditions. 7. I have personally reviewed Apple's records regarding plaintiff Avi Koschitzki's

p u r c h a s eof an iPhone 3G at an Apple retail store on August 31,2008. According to those records, Mr. Koschitzki marked the boxes and executed his signature indicating that he had agreedto AT&T's Wireless ServiceAgreement (attachedabove as Exhibit 1) and Apple's Terms and Conditions as describedabove. I declare under penalty of perjury that the foregoing is true and correct. Executed at D u b l i n , California on November24.2008.

-2s f - 2 6 1 0 4I5