Free Amended Document - District Court of Delaware - Delaware

Case 1 :04-cv-01488-JJF Document 104 Filed O9/06/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CASE NO. 04-1488-JJF
ROBERT V. TOWNES, IV, Individually and
on behalf of all persons similarly situated, AMENDED DECLARATION OF
JENNIFER M. KEOUGH REGARDING
_ _ SETTLEMENT WEBSITE, EMAIL
Plamtlfi NOTICE, POSTCARD NOTICE,
TELEPHONE ASSISTANCE PROGRAM,
V AND EXCLUSIONS
TRANS UNION, LLC and TRUELINK, INC.,
Defendants.
DECLARATION OF JENNIFER M. KEOUGH
JENNIFER M. KEOUGH declares:
1. I am a Senior Vice President of The Garden City Group, Inc. ("GCG") and Managing Director of
GCG’s West Coast Regional Office. The following statements are based on my personal
knowledge and information provided by other GCG employees working under my supervision,
and if called on to do so, I could and would testify competently thereto.
2. The Court’s Preliminary Approval Order dated April 16, 2007 (the "Order"), which granted
preliminary approval ofthe Stipulation of Settlement between Lead Plaintiff and Defendants (the
“Settlement" or "Settlement Agreement") in the Robert V. Townes, IV v. TransUnion, LLC and
TrueLink, Inc. litigation (the "Townes Action"), approved the selection of GCG as the Settlement
Administrator. The purpose of this Declaration is to certify to the Court that the following have
occurred: (a) the website is operating in compliance with the Order and the Settlement
Agreement; (b) the Email Notice was completed in compliance with the Order and the Settlement
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AMENDED DECLARATION OF JENNIFER M.
KEOUGH

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Agreement; (c) the Postcard Notice mailing was completed in compliance with the Order and the
Settlement Agreement; and (d) the telephone assistance program is operating in compliance with
the Order and the Settlement Agreement. The Declaration also reports on the exclusions received
by GCG from Class Members.
3. WEBSITE: Pursuant to the Order, GCG established and is maintaining a website dedicated to
this Settlement, www.townessettlement.com (the “Website”). The Website was operational
beginning on May 8, 2007. The Website was registered with Google immediately upon its being
operational. Users of the Website can view and download copies of the Settlement Agreement,
the Long—Fonn Notice, the Email Notice, the Order, and the Authentication Form. The Website
L also provides users with the dates important to the Settlement, answers to frequently asked
questions, and other information. The Website allows Class Members who receive an Email or
Postcard Notice to tile their Authentication Form online. Those persons who are not able to
authenticate using the online system or who wish to mail their infomation to GCG are allowed to
produce and print out a personalized Authentication Form for mailed submission to GCG. As of
August 29, 2007, GCG’s records show 160,638 visits to the Website. GCG also confirmed that
near the date that the Website became available that the following conditions existed: (i) a
weblink to the Website was posted on the login page of the Defendants’ Websites; (ii) a weblink
to the Website was posted on a page of the Learning Center portion of the www.truecredit.com,
www.freecreditprofi1e.com, and www.lct1owyourloa1n·ate.com websites; (iii) a weblink to the
Website was posted on the Help and Education page of the www.transtu1ioncs.com website; and
(iv) a weblink to the Website was posted on the Consumer Resources page the
www.transunion.com website.
4. EMAIL NOTICE: Prior to sending the Email Notice, GCG received a list (known as the
"Class List") Hom TransUnion, LLC and TrueLink, Inc. that contained 3,868,562 unique records
with the following information for each Class Member: (i) the consumer’s first, middle and last
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AMENDED DECLARATION OF JENNIFER M.
KEOUGH

Case 1 :04-cv-01488-JJF Document 104 Filed 09/06/2007 Page 3 of 4
name; (ii) the consumer’s current address, if known; (iii) the consume1·’s Social Security number
and (iv) the consumer’s current email address, if known. The Class List was used to send the
Email Notice. GCG sent the Email Notices in accordance with the Order, causing the approved
Email Notice, in a form substantially similar to that attached to the Order as Exhibit "A-l", to be
sent by email to each Settlement Class Member at each Member’s last known email address in the
Class List, to the extent such address was available. GCG monitored the transmissions of the
Email Notice, and where an email "bounced-back," where GCG determined it to be useful, GCG
I caused the Email Notice to be resent. The Email Notice was successfully sent to 2,881,830 Class
Members and was completed by May 15, 2007. A true and correct copy of the Email Notice is
attached to this Declaration as Exhibit A.
5. POSTCARD NOTICE: GCG caused the approved Postcard Notice to be sent via first class mail
to Class Members whose Email Notice "bounced—back," or where no email address was available.
986,732 emails were not successfully transmitted. Additionally, four (4) records were identified
as containing duplicate email addresses where successful transmission could not be verified.
Therefore, in order to completely ensure that all Class Members received proper Postcard Notice,
GCG mailed 986,736 Postcard Notices pursuant to paragraph 4.5 of the Settlement Agreement.
Prior to the mailing of the Postcard Notice mailing addresses in the Class List for Class Members
were updated using the National Change of Address ("NCOA") process. All mailing of Postcard
Notice pursuant to the Preliminary Approval Order was completed by June 15, 2007. Thereafter,
GCG remailed the Postcard Notice via first class mail to updated addresses of Class Members
received as address change notifications from the U.S. Postal Service. A true and correct copy of
the Postcard Notice is attached to this Declaration as Exhibit B.
6. TELEPHONE ASSISTANCE PROGRAM: On May 7, 2007, GCG established and is
maintaining a toll-free Interactive Voice Response ("IVR") system dedicated to this Settlement to
accommodate inquiries from Class Members. The system is accessible 24 hours a day, seven
AMENDED DECLARATION OF JENNIFER M.
KEOUGH

Case 1 :04-cv-01488-JJF Document 104 Filed O9/06/2007 Page 4 of 4
days a week. Callers have the ability to select Hom menu options and hear specific recorded
information about the Settlement. Additionally, callers have the ability to speak to a live operator
between the hours of 9AM and SPM Eastem Standard Time. In addition, GCG has properly
returned each potential Settlement Class Member inquiry forwarded to GCG by counsel for the
parties. As of August 26, 2007, GCG has received 12,453 calls to the IVR, with 3,584 calls to a
live op erator.
7. EXCLUSIONS: Class Members who wished to opt-out of the Settlement were required to
submit their written exclusion to GCG postmarked no later than August 27, 2007. As of August
29, 2007, GCG had received 431 timely and potentially valid exclusions, and 0 untimely
exclusions.
I declare under the penalty of perjury under the laws of the State of Delaware that the foregoing is
true and correct.
Executed this 5th day of September, 2007 at Seattle, Washington.
gg , ,,,gl;M . g@tgL
JENNIFER M. KEOUGH
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AMENDED DECLARATION or JENNIFER M.
KEOUGH