Case Document 19-5 Filed 09/26/14 Page 1 of 5 PageID 566 EXHIBIT 5 DocuSign Envelope ID: 92C55AA3-D9E8-421C-857F-75F4FDA8ECB9 Case 8:14-cv-02096-VMC-EAJ Document 19-5 Filed 09/26/14 Page 2 of 5 PageID 567 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 TAMEKA ANDERSON IN SUPPORT OF OPINION CORP.’S MOTION FOR A TEMPORARY RESTRAINING ORDER I, Tameka Anderson, 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 a former customer of Roca Labs, and have first hand knowledge of the facts contained herein. 2. I purchased the Roca product online in early 2011 in order to help me lose weight. 3. I paid approximately $500 for the product. 4. I attempted to use the product for approximately two weeks, but it tasted disgusting and was impossible to actually drink. 5. I contacted customer service in an attempt to return the product, however I was denied the opportunity to return it, regardless of the fact that the product did not work and was so terrible that I was unable to consume it. 6. As a result of Roca’s terrible customer service, I contacted the Better Business Bureau to open a complaint. 7. The last contact from Roca I had was their April, 2011 response to the Better Business Bureau, stating that I am not entitled to a refund. 8. I provided a declaration in support of Opinion Corp.’s Opposition to Plaintiff’s Motion for Preliminary Injunction, stating all of this. ECF 13-6. DocuSign Envelope ID: 92C55AA3-D9E8-421C-857F-75F4FDA8ECB9 Case 8:14-cv-02096-VMC-EAJ Document 19-5 Filed 09/26/14 Page 3 of 5 PageID 568 9. On Monday, September 22, 2014, at 8:52 a.m., I received an e-mail from Paul Berger, Esq., attorney for Roca Labs, entitled “NOTICE OF BREACH OF CONTRACT” threatening a lawsuit against me. 10. A true and correct copy of that e-mail is attached as Exhibit 1. 11. I forwarded the e-mail to Theresa Haar, of the Randazza Legal Group. 12. I believe that Roca only sent me the “Notice” because I provided a statement against them in this case. I am shocked that giving testimony in a lawsuit could result in me being sued. 13. Roca is now threatening to sue me because I chose to make a statement about it in this case, and they are trying to threaten me so that I do not testify against them. 14. When I bought the product, I never saw the “Terms and Conditions” that Roca is now saying I am violating. I do not understand how they can threaten to sue me for breaching of a contract that I did not even know existed. 15. I am fearful that Roca will follow through on their threat. 16. I would like to testify in this case against Roca, but I am also hesitant to testify if that means that they can sue me in order to keep me from testifying. 17. It has been over three years since I wrote my complaint to the Better Business Bureau. I have had no contact from Roca since that time. I honestly believe that if I did not get involved in this lawsuit against Roca, they would not have contacted me now, threatening to sue me. Signed this 26th day of September, 2014. _________________________ Tameka Anderson 9/26/14, 5:07 AM Case 8:14-cv-02096-VMC-EAJ Document 19-5 Filed 09/26/14 Page 4 of 5 PageID 569 Randazza Legal Group Mail - Fwd: NOTICE OF BREACH OF CONTRACT – DEMAND OF IMMEDIATE ACTION Theresa Haar Fwd: NOTICE OF BREACH OF CONTRACT – DEMAND OF IMMEDIATE ACTION tdcoopwood To: tmh@randazza.com Wed, Sep 24, 2014 at 3:17 PM Here is the email I received. Tameka Anderson Sent from my Verizon Wireless 4G LTE smartphone -------- Original message -------From: "Paul Berger Esq." Date:09/22/2014 8:52 AM (GMT-06:00) To: tdcoopwood@yahoo.com Subject: NOTICE OF BREACH OF CONTRACT – DEMAND OF IMMEDIATE ACTION NOTICE OF BREACH OF CONTRACT – DEMAND OF IMMEDIATE ACTION ATTN TAMEKA ANDERSON This email is to notify you of your breach of contract with Roca Labs and demand that you immediately cure this breach. As you are aware, you entered into an agreement with Roca Labs for the purchase of products from us. Part of this contract was your agreement to speak or publish negative comments about Roca Labs (you have previously been furnished with the Terms and Conditions of your purchase but the most relevant terms are below). On April 11, 2011 you published a post on the Better Business Bureau stating that Roca Labs products do not work and that they are a “rip off”. These statements were a knowing and intentional breach of your agreement with Roca. This letter is to demand that you immediately cure your breach of contract and remove these and all statements that violate your agreement by 4:00 p.m. today. I am happy to assist you in removing these statements should you need assistance with the BBB. In the event that you do not immediately respond to this notice and cure your breach TODAY, Roca Labs will IMMEDIATELY take all necessary and appropriate legal action against you to protect our legal rights. Roca Labs vigorously defends its legal rights and reputation. I can furnish you with a copy of a lawsuit that was filed last week against a person who breached their agreement with Roca and also published negative statements on the BBB website so that you may review similar legal arguments that may be made against you. This may help you make a more informed decision. https://mail.google.com/mail/u/0/?ui=2&ik=b1b3e04fbe&view=pt&search=inbox&msg=148a9bdee25ee389&siml=148a9bdee25ee389 Page 1 of 2 9/26/14, 5:07 AM Case 8:14-cv-02096-VMC-EAJ Document 19-5 Filed 09/26/14 Page 5 of 5 PageID 570 Randazza Legal Group Mail - Fwd: NOTICE OF BREACH OF CONTRACT – DEMAND OF IMMEDIATE ACTION I trust that after you review the matter you will comply with your agreement and remove any items that are in breach. Please contact me directly should you wish to discuss this matter. Thank you, Paul Berger, Esq. PLEASE READ THESE TERMS, CONDITIONS AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE INDICATES YOU ACCEPT THE TERMS, CONDITIONS AND DISCLAIMER. IF YOU DO NOT ACCEPT THIS, PLEASE DO NOT USE THIS WEBSITE. Waiver of Liability: A person unable to meet these terms and conditions should not purchase this GBNS. Since the Customer understands and is aware that he is required to drink large quantities of liquids in order to achieve maximum results (reduction of stomach capacity to 20%), no claim and/or complaint will be accepted regarding the lack of success of the GBNS in creating a lack of appetite. The announcement/writing/publication of any such or other claim in any media will constitute a breach of agreement, to which the Customer entered willingly and with full knowledge of the components of the GBNS and its properties. As such, any claim as aforementioned will constitute slander and/or libel, and all remedies will be pursued accordingly. -Paul Berger, Esq. Independent General Counsel Roca Labs, Inc. Direct 305-998-6150 https://mail.google.com/mail/u/0/?ui=2&ik=b1b3e04fbe&view=pt&search=inbox&msg=148a9bdee25ee389&siml=148a9bdee25ee389 Page 2 of 2