Case Document 50-1- Filed 10/02/15 Page 27 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF HOLLY YENCHA, individually and on Case No. l4?cv-00578 behalf of all others similarly situated, Plaintiij LLC, a California limited liability company, Defendant. DECLARATION OF SCOTT EXLEY 1, Scott Exley, hereby declare pursuant to 28 U.S.C. 1746 as follows: 1. I am a Program Manager at Rust Consulting, Inc. (?Rust? or the ?Settlement Administrator?), the of?ces of which are at 625 Marquette Avenue, Suite 880, Minneapolis, Minnesota 55402, Rust was appointed as Settlement Administrator in the above-captioned litigation, by an Order dated July 16, 2015 approving the Settlement Agreement dated March 16, 2015 (the ?Agreement?), to supervise and administer the settlement notice and claims processes. I have been responsible for monitoring and overseeing the notice and administration processes. Rust Consulting 2. Rust Consulting specializes in class action administration. 3. Rust Consulting?s class action administration services include data management, data processing, notice implementation, claim administration and distribution, website hosting, call center services, and reporting to counsel and courts regarding claims processes. Case Document 50-1 Filed 10/02/15 Page 28 of 43 4. Rust Consulting has provided services in more than 5,000 matters, including: In re Compact Disc Minimum Advertised Price Antitrust Litig. MDL No. 0982 (WD. Pa.) (price? ?xing settlement); In re Waste Mgmt., Inc. Securities Litig; No. 99?2183 (SD. (securities settlement); McNeil v. American Gen. Life Accident Co., No. 99?1157 (MD. Tenn.) (life insurance settlement); Naefv. Masonite Corp; No. 94?4033 (Ala. Cir. Ct; Mobile Co.) (defective product settlement); In re D. 0M Inc. Shareholders Litig. No. (Del. Ch.) (securities settlement); In re Metropolitan Life Ins. Co.; No. 96-0179, MDL No. 1091 (WD. Pa.) (life insurance market conduct settlement); Benacquisto v. American Express Fin. Corp; No. 00-1980 (D. Minn.) (life insurance market conduct settlements); Coordination Proceedings Special Title (Rule I550(b)) Microsoft I?VCases; Case No. J.C.C.P. No. 4106 (Cal. Super. Ct.; San Francisco Co.) (consumer software settlement); and numerousother cases. 5. I have experience overseeing the implementation of notice programs and the administration of claims processes. Notice and Administration 6. On March 16; 2015; pursuant to the directions of the Parties; Rust served notice of the Parties? proposed settlement onto the appropriate federal of?cial and the appropriate state and territorial of?cials as directed by Counsel and as required by the Class Action Fairness Act; 28 U.S.C. 1715. 7. On April 15; 2015; Rust served a supplemental notice under the Class Action Fairness Act to the same federal, state, and territorial of?cials. 8. On July 17; 2015; Defendant electronically provided Rust with 513,330 email addresses for the members of the Settlement Class. Rust determined that three of the email addresses were not valid and/or undeliverable. Case Document 50-1 Filed 10/02/15 Page 29 of 43 9. On August 7, 2015, Rust arranged to have the Notice sent via email to the 513,327 potential Settlement Class Members for whom Defendant provided email addresses. Two attempts were made on each email address. After two attempts, Rust was able to con?rm delivery of 465,457 emails, representing 90.67% of the email addresses. Of the emails sent, 47,870 emails failed to deliver. sample Notice is attached hereto as Exhibit 10. On August 7, 2015, Rust caused the website to be opened to the public. The website contains frequently asked questions and various case documents, including the Settlement Agreement, Motion for Preliminary Approval, and the Preliminary Approval Order, all of which were available on the website as of August 7, 2015. Per Court order, Rust posted the Motion for Attorneys? Fees, Expenses, and Incentive Award on September 8, 2015. The website also contains an online claim form, allowing Settlement Class Members to file their claims via the website. 11. On August 7, 2015, Rust caused a toll-free number (1?877?315-1149) to be opened to the public for settlement assistance in this matter. The phone line contains frequently asked questions and provides general information about the Settlement. The line also leaves an option for individuals to request a hard copy of the Notice and Claim Form. 12. Starting on August 7, 2015, Rust engaged Kinsella Media to place banner ads on Facebook and on the Internet through Xaxis. This campaign yielded an estimated 20,826,862 impressions. 13. On September 4, 2015, Rust arranged to send reminder emails to the same 513,327 potential Settlement Class Members that were sent notice on August 7, 2015. Two attempts were again made on each email address. After two attempts, Rust con?rmed delivery Case Document 50-1 Filed 10/02/15 Page 30 of 43 of 464,817 emails, representing 90.55% of the email addresses. Of the emails sent, 48,510 emails failed to deliver. sample Reminder Notice is attached hereto as Exhibit 14. Through September 26, 2015, the settlement website had been visited by 137,316 unique visitors. In addition, Settlement Class Members have made 1,086 calls to the toll-free number. 15. Through September 26, 2015, Rust has sent 332 notices to Settlement Class Members based on telephone requests. Rust will continue to send out these requests through the Claim Form deadline. 16. Through September 26, 2015, Rust has received a total of 11 requests for exclusion. listing of the names of those requesting exclusion is included as Exhibit 17. Through September 26, 2015, Rust has received a total of 78,652 Claim Forms. Rust, however, has not ?nished validating the Claim Forms received, and Settlement Class Members otherwise have until November 30, 2015 to submit claims. As a result, the total number of Approved Claims is not known at this time. Rust will continue to validate claims received prior to and after the November 30, 2015 claims deadline. This will include determining the number of duplicate and fraudulent claims, if any. 18. The cost to administer the Settlement to date is $88,448.69. 19. The ?gures presented in this declaration are the results of the administration services completed to date. Case Document 50-1 Filed 10/02/15 Page 31 of 43 I declare under penalty of perjury under the laws of the Commonwealth of and the United States of America that the foregoing is true and correct. Executed on October 2, 2015.