Declaration of Kevin Appold - Redacted - Publicly Filed Version of… — Brooks v. Thomson Reuters Corporation (Dkt. 186.1)

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     Case 3:21-cv-01418-EMC         Document 186-1     Filed 03/28/23    Page 1 of 7



 1    Susan D. Fahringer, Bar No. 21567              Gabriella Gallego, Bar No. 324226
      SFahringer@perkinscoie.com                     GGallego@perkinscoie.com
 2    Nicola C. Menaldo, pro hac vice                PERKINS COIE LLP
 3    NMenaldo@perkinscoie.com                       3150 Porter Drive
      Erin K. Earl, pro hac vice                     Palo Alto, CA 94304-1212
 4    EEarl@perkinscoie.com                          Telephone: 650.838.4300
      Anna M. Thompson, pro hac vice                 Facsimile: 650.838.4350
 5    AnnaThompson@perkinscoie.com
      PERKINS COIE LLP                               Hayden M. Schottlaender, pro hac vice
 6    1201 Third Avenue, Suite 4900                  HSchottlaender@perkinscoie.com
 7    Seattle, WA 98101-3099                         PERKINS COIE LLP
      Telephone: 206.359.8000                        500 N. Akard Street, Suite 3300
 8    Facsimile: 206.359.9000                        Dallas, TX 75201-3347
      Attorneys for Defendant                        Telephone: 214.965.7700
 9    Thomson Reuters Corporation                    Facsimile: 214.965.7799
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                                  UNITED STATES DISTRICT COURT
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                              NORTHERN DISTRICT OF CALIFORNIA
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                                         SAN FRANCISCO DIVISION
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     CAT BROOKS and RASHEED                        Case No. 3:21-cv-01418-EMC
15   SHABAZZ, individually and on behalf of
     all others similarly situated,                DECLARATION OF KEVIN APPOLD IN
16                                                 SUPPORT OF THOMSON REUTERS’
                           Plaintiffs,             CLASS CERTIFICATION OPPOSITION
17
            v.
18                                                 REDACTED - PUBLICLY FILED
     THOMSON REUTERS CORPORATION,                  VERSION OF DOC. 152
19
                                                   PURSUANT TO COURT ORDER,
                           Defendant.
20                                                 DATED MARCH 21, 2023 (DOC. 178)

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                                                                                EXHIBIT
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                                                                                     B
     Case No. 3:21-cv-01418-EMC                                   DECLARATION OF KEVIN APPOLD
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 1   immediately report to Thomson Reuters any misuse, abuse, or compromise of the data. Customers

 2   must go through a re-credentialing process every two years.

 3          12.     Thomson Reuters proactively monitors for misuse of CLEAR, including through

 4   alerts that are triggered by certain suspicious activities, and enforces these protections rigorously.

 5   As an example, a true and correct copy of an internal Thomson Reuters business record reflecting

 6   statistics related to some of these compliance enforcement measures in 2020 is attached as

 7   Exhibit B-8.

 8          13.     As of October 19, 2022, there were approximately            active CLEAR

 9   customers. A true and complete copy of a document reflecting these active customers (filtered to

10   show all “active” customers in column C and hiding irrelevant information such as billing contact

11   names) is attached as Exhibit B-2. While                               once applied to become a

12   CLEAR customer, Thomson Reuters declined their application.

13          14.     One reason that customers may use CLEAR is to investigate, identify, and combat

14   fraud (e.g., financial fraud, identity theft, and fraud in various government benefits programs).

15   Specifically, CLEAR is used by a range of customers to verify identities, by financial institutions

16   to satisfy Know Your Customer needs and regulatory requirements, by insurance companies to

17   investigate claims fraud or ensure beneficiaries are located, by businesses and government

18   agencies to vet vendors in a procurement process or investigate a supply chain, by government

19   agencies to locate missing persons or absentee parents to enforce child support orders, and by law

20   enforcement agencies to investigate criminal activity. CLEAR is also used to combat human

21   trafficking, by, for instance, by reuniting victims with their families, and in investigating suspects

22   by associating individuals who are engaged in a criminal trafficking network.

23          15.     Exhibits B-4 and B-5 to this Declaration are true and correct copies of logs

24   reflecting all customer searches that have been conducted on CLEAR since 2016 for the names

25   Cat Brooks, Sheilagh Polk, Rasheed Shabazz, and Reginald James, or for the social security

26   numbers of named Plaintiffs Cat Brooks and Rasheed Shabazz. These logs are complete and

27   accurate based on a diligent review of Thomson Reuters’s records.

28          16.     Business Records: Attached to this Declaration are the following Exhibits:
     Case No. 3:21-cv-01418-EMC                      -5-                DECLARATION OF KEVIN APPOLD
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