Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 1 of 14 PageID 470 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! EXHIBIT 3 Declaration of Jennifer Schaive DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 2 of 14 PageID 471 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ROCA LABS, INC., Case No: 8:14-cv-2096-T-33EAJ Plaintiff, v. CONSUMER OPINION CORP. and OPINION CORP., Defendants. / DECLARATION OF JENNIFER SCHAIVE IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION FOR ENTRY OF A TEMPORARY INJUNCTION I, Jennifer Schaive, having personal knowledge of the matters set forth herein and being competent to testify about them if called to do so at trial, state as follows: 1. I am over 18 and a resident of Springfield, Illinois. 2. In August 2013, I purchased a product sold by Plaintiff Roca Labs, Inc. (“Roca”) for $600, described by Roca as a “nutraceutical” that would be effective in helping me lose weight. 3. Upon receiving Roca’s product, I tried to use it in accordance with Roca’s directions for approximately one week. 4. I stopped attempting to use Roca’s product after approximately one week because I found it to be impossible to swallow. 5. My boyfriend is a bodybuilder and nutrition expert, and he advised me that all Roca Labs’ product is, is the equivalent of sand. DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 3 of 14 PageID 472 6. After attempting to use Roca’s product for approximately one week, I contacted Roca’s customer support service and requested a refund. 7. Roca informed me that I would not receive a refund for the product. 8. Prior to purchasing it, I could only find positive reviews of the product online. 9. I also performed research on Roca Labs’ product online after purchasing it. 10. On May 19, 2014, I contacted the Better Business Bureau (”BBB”) and submitted a complaint concerning Roca’s product. Attached as Exhibit A to this declaration is a true and correct copy of this complaint. 11. On May 21, 2014, after writing my BBB complaint, I was contacted by Roca Labs regarding my complaint. Roca Labs alleged that my complaint violated the terms and conditions of my purchase of their product, and threatened me with litigation if I did not withdraw the complaint by May 30, 2014. 12. This letter was signed by Sharon King, who was represented in the letter as a paralegal of Roca Labs. Attached as Exhibit A to this declaration is a true and correct copy of Roca Labs’ demand letter to me. 13. After receiving Roca Labs’ demand letter, I sent an email to Roca Labs’ legal department notifying them that I would withdraw my BBB complaint once I received a refund. I was not issued a refund. Attached as Exhibit B to this declaration is a true and correct copy of this email exchange. 14. I was notified via email on June 13 by the BBB that it would no longer be able to pursue my complaint with Roca Labs. Attached as Exhibit C to this declaration is a true and correct copy of this email. DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 4 of 14 PageID 473 15. On June 18, 2014, I was notified via email by the BBB that my complaint against Roca Labs had been closed. Attached as Exhibit D to this declaration is a true and correct copy of this email. 16. To this day, I have not received a refund from Roca Labs. 17. It is my understanding that Roca Labs has sent similar threats to everyone who has complained about them online. 18. Had I been able to review any negative reviews of the company, I might have made a more informed decision. But, my decision to spend money on their product was based on the fact that I had only found positive information about them. Therefore, I believe that I was not able to make a fully informed decision, because people like me, people who had bad experiences with Roca Labs’ product, were not able to warn me. 19. I would like to warn anyone else I can that they should avoid the product and this company. I declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge. Executed this 18th day of September, 2014, in Springfield, Illinois. Jennifer Schaive DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 5 of 14 PageID 474 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! EXHIBIT'A' DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 6 of 14 PageID 475 Roca  Labs,  Inc.  Legal  Dept.   PO  Box  5309  ·  Sarasota,  FL  34277   (813)  400-­3968    Legal@RocaLabs.com       Jennifer  Schaive   800  Wilson  Ter   Springfield  ,  IL    62   Via  email  to:  williams.schaive@yahoo.com       May  21,  2014     RE: Roca  Labs  Order  No.27505   BBB  Complaint  No.  67270782     Dear  Ms.Schaive:   I   represent   Roca   Labs,   Inc.   The   complaint   you   filed   with   the   Better   Business   Bureau   (“BBB”)  has  been  referred  to  me  for  handling.  Your  complaint  is  attached  as  Exhibit  A.   Roca   Labs   strives   to   be   completely   transparent   to   its   customers.   Nothing   is   hidden;;   everything   is   explained   on  the  website  and  in  the  terms   and  conditions.  No  customer  has   ever  accused  Roca  Labs   of  violating  the   terms  and  conditions   of  purchase   or  any  policy  or   law.   Roca   Labs   does   everything   it   promises   to   its   customers.   Customers   are   permitted   to   cancel   an   order   before   an   approval   of   the   health   application,   after   which   the   order   is   considered   shipped   and   not   returnable.   Customers   are   given   rebates   for   success   and   product   discounts   (legal   consideration)   in   return   for   their   promise   to   report   complaints  only  to  Roca  Labs.   In   other   words,   Roca  Labs  goes  far  above  and  beyond  the  norm  to  ensure  that  the  terms   and   conditions   are   clear   and   that   the   customers   see   them.   In   fact,   customers   are   practically   forced   to   read   them.   That   is   intentional,   of   course,   with   the   desired   effect   being   to   avoid   consumer   complaints.   This   policy   works   for   the   large   majority   of   Roca   Labs  customers  but  occasionally  a  customer  decides  to  breach  their  agreement  instead.   DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 7 of 14 PageID 476 Roca   Labs   cares   about   its   customers   and   strives   to   address   their   issues   within   the   parameters   of   the   terms   and   conditions   of   purchase.   Roca   Labs   performs   as   promised   and   they   ask   their   customers   do   the   same.   So,   it   is   imperative   that   you   immediately   dismiss  your  BBB  complaint.   In  your  complaint  you  state  the  following:   “I   tried   the   product   for   a  specific   period  of  time   however,  I  did  not  lose   the   weight  as   was  described  on   their   website.  I  later  learned  the  main  ingredient  in  their  product  is  sand.”   The   main   ingredient   is   NOT   sand.   Sand   is   NOT   an   ingredient   at   all   in   the   Roca   Labs   procedure.   Your   complaint   violates   the   terms   and   conditions   of   your   purchase   and   constitutes   a   breach   of   contract   and   possibly   defamation.   If   you   fail   or   refuse   to   withdraw   the   complaint   and   remove   the   post   by   close   of   business   on   May   ,   2014,   Roca   Labs  will  have   no   choice   but   to   refer   this   matter   to   our   litigation   counsel   for   immediate   filing   and   you   may  be  held  liable  for  damages  plus  attorney  fees  and  all  costs  of  collection.   Exclusive   jurisdiction   for   all   claims   arising   out   of   a   purchase   of   Roca   Labs   products   is   in   the  State  of  Florida.   This   notice   is   final;;   there   will   be   no   further   notice.   Please   mitigate   your   damages   and   possibly   avoid   legal   action   by   IMMEDIATELY   DISMISSING   YOUR   COMPLAINT   by   Friday,  May  30,  2014.         Sincerely,   Sharon  King   Paralegal   Roca  Labs  Inc.   cc:  Whitney  Coyne,  Esq             DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 8 of 14 PageID 477     Exhibit  “A”         DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 9 of 14 PageID 478 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! EXHIBIT'B' DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 10 of 14 PageID 479 DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 11 of 14 PageID 480 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! EXHIBIT'C' DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 12 of 14 PageID 481 DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 13 of 14 PageID 482 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! EXHIBIT'D' DocuSign Envelope ID: 42F3BD60-109E-4C16-BDD6-10922770B3AA Case 8:14-cv-02096-VMC-EAJ Document 13-3 Filed 09/18/14 Page 14 of 14 PageID 483