Gucci America, Inc. v. Frontline Processing Corporation et al

Filing 28

DECLARATION of Jennifer Kirk in Opposition re: 17 MOTION to Dismiss Plaintiff's Claims., 19 MOTION to Dismiss for Lack of Jurisdiction Over The Named Defendants Pursuant To Fed. R. Civ. Pro. 12(b)(2).. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A)(Weigel, Robert)

EXHIBIT A

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From: To: Cc: Sent: Attach: Subject:

"Nathan Counley" <[e-mail]> <[e-mail]>; "'Bag Addiction'" <[e-mail]> <[e-mail]> Monday, February 25, 2008 4:20 PM eFax from 14065857576 - 5 page(s), Caller-ID_ 406-624-0260.eml RE: fax[phone].pdf - Adobe Acrobat Standard

Jen, Hans is referring to the attached fax, please see where he's made notes on the .pdf, where it would be best to add in a truncated T&C's to help avoid these types of chargebacks. Thank you, Nathan Counley National Bankcard Systems of Durango (p) 608.467.6672 (f) 413.431.2720 www.Durango-Direct.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -----Original Message----From: Hans Strickler [mailto:[e-mail]] Sent: Monday, February 25, 2008 6:03 PM To: 'Bag Addiction'; 'Nathan Counley' Cc: [e-mail] Subject: RE: fax[phone].pdf - Adobe Acrobat Standard Shopping Addiction - 8788370010754 Case # 2802610081 Was this shown clearly in the CB rebuttal documents? Doesn't look like we have a screen-shot of the check-out page identifying this check-box and I did not see the (separate) Terms and conditions (unless it was the up-side down pages). This is why I suggest having truncated T's & C's. Even a Check-Box can be argues as insufficient disclosure. Merchant should move the 'Disclosure Check Boxes' to be between the Card info screen and 'Place Order', with a link, at the absolute least. This way, we'd have a

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Merchant should (for all rebuttals that apply) include 'Generic' shots for the rebuttals. Check your faxes... How well did the text come through? Should ink color be Black to show on Faxes better? -Hans Merchant needs to lay out their rebuttals Hans Strickler - Frontline Processing 866*651*3068 (voice) 406*585*7576 (fax)

-----Original Message----From: Bag Addiction [mailto:[e-mail]] Sent: Monday, February 25, 2008 4:12 PM To: Nathan Counley Cc: [e-mail]; [e-mail] Subject: Re: fax[phone].pdf - Adobe Acrobat Standard Cardholder MUST click check mark IN Box at checkout or it will not allow you to check out that you agree to terms and agreement of site? ----- Original Message ----From: "Nathan Counley" <[e-mail]> To: "'Bag Addiction'" <[e-mail]> Cc: <[e-mail]>; <[e-mail]> Sent: Monday, February 25, 2008 2:45 PM Subject: FW: fax[phone].pdf - Adobe Acrobat Standard Hans or Elisa, What's the deal on this chargeback? Global says "Denied unless you can prove customer has to click TOS" , which the merchant DOES require? So doesn't this mean she should win the chargeback? Thank you, Nathan Counley National Bankcard Systems of Durango (p) 608.467.6672 (f) 413.431.2720 www.Durango-Direct.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or

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taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -----Original Message----From: Bag Addiction [mailto:[e-mail]] Sent: Monday, February 25, 2008 10:02 AM To: Nathan Counley Subject: Fw: fax[phone].pdf - Adobe Acrobat Standard Hi Nathan, I was denied this chargeback and not sure why? Says cardholder must accept terms and agreement, which they have to check the box at checkout before submitting their order. What can I do about this? Thanks Jennifer ----- Original Message ----From: "fax_frontline" <[e-mail]> To: "Shopping_Addiction" <[e-mail]> Sent: Monday, February 25, 2008 7:24 AM Subject: fax[phone].pdf - Adobe Acrobat Standard

__________ NOD32 2901 (20080225) Information __________ This message was checked by NOD32 antivirus system. http://www.eset.com

11/11/2009