Case 2:17-cv-00517-JRG Document 38-2 Filed 11/21/17 Page 1 of 2 PageID #: 425
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`Case 2:17-cv-00517—JRG Document 38-2 Filed 11/21/17 Page 1 of 2 PagelD #: 425
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`DECLARATION OF EDWARD RAYESKI IN SUPPORT OF
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`DEFENDANTS' MOTION TO DISMISS
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`l, Edward Rayeski, declare under penalty of perjury as follows:
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`1.
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`2.
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`I am over the age of eighteen years and competent to make this declaration.
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`The facts stated in this Declaration are true and correct to the best of my knowledge and belief.
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`I am employed in the role of Director, Handset 8: Device Support Customer Service at ZTE (USA)
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`Inc. (”ZTA”). My job responsibilities have included oversight of customer service for ZTA since
`late 2011.
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`Prior to 2015, ZTA's telephonic customer support for U.S. customers was handled by a call
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`center located in India. Toll-free calls from the U.S. were answered by call center
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`representatives located in India.
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`By 2015, ZTA had decided to provide customer service support with representatives based in the
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`United States. ZTA further concluded domestic customer service would best be provided
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`through the use of a third-party call center company. Outsourcing customer support is a
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`common practice among electronic device manufacturers and carriers.
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`In 2015, ZTA sent an RFP ("Request For Proposal“) to a number of third-party call center
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`companies with service representatives located within the United States. ZTA did not require
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`that the bidding companies have a presence in any particular location. ZTA entertained
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`proposals from companies with facilities located within the Dallas-Fort Worth ("DFW“) Metro
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`area, throughout Texas, and throughout the United States. The contract was awarded to iQor, a
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`global customer service company with call center facilities all over the world.
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`At the time iQor was awarded the contract, ZTA understood that iQor had a single call-center in
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`the DFW Metro area, in Richardson, Texas. Subsequent to being awarded the ZTA contract, iQor
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`decided to open a second facility in the DFW Metro area that would handle calls for ZTE USA, as
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`well as other companies. iQor independently chose Plano, Texas as the location for its new iQor
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`facility. ZTA did not dictate, request or influence iQor's selection of the location for its call-
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`center facility. From ZTA's perspective, it did not matter whether the customer support
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`representatives were located in iQor's Richardson facility or another convenient location within
`the DFW Metro area.
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`ZTA began to use the iQor call center in 2015 and has also continued to make use of its
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`longstanding call center in India. Both call centers handle calls from consumers who have
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`questions about ZTA products.
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`Two toll—free numbers are provided on ZTA website for customer support. Customers that dial
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`ZTA‘s general toll-free customer support number are asked by an automated voice recording to
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`select a number corresponding to his or her carrier le.g., "for AT&T, press 4"}. Depending on the
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`Case 2:17-cv-00517-JRG Document 38-2 Filed 11/21/17 Page 2 of 2 PageID #: 426
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`Case 2:17-cv-00517—JRG Document 38-2 Filed 11/21/17 Page 2 of 2 PagelD #: 426
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`selections made in the automated menu, the customer support call is routed to the customer
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`support facility in India or to iQor's call center in Plano, Texas. The other toll-free number is for
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`calls related to the Axon product, unlocked devices he, not purchased in connection with a
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`specific carrier), and for online purchase and sales support. This second number always routes
`customers to the iQor call center.
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`There are at least five different iClor customers serviced at the Piano call center, including
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`Capital One (credit cards), Asurion (warranties for electronics), TytoCare (medical), AliveCor
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`(medical), and ZTA. Capital One is by far the largest iQor customer serviced in Plano.
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`There is no ZTA signage at the iQor call center. The building housing the call center displays the
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`iQor logo.
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`iQor is responsible for hiring all customer service representatives that work in its Plano call
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`center. iClor advertises for job applicants, receives and reviews their application forms,
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`interviews them, and makes the hiring decisions. ZTA has no role in the hiring of customer
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`service representatives that work in the Plano call center.
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`iCtor decides how much to pay the customer service representatives that work in its Piano call
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`center, sets their work schedules, determines their Specific assignments, reviews their
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`performance, and determines their benefits, raises and promotions. iQor issues their paychecks.
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`ZTA has no role in any of these activities.
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`iQor trains the customer service representatives for the Plano call center. ZTA provides iQor
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`with materials that explain the operation of, or changes to, ZTA products. iQor uses this
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`information to create its own training materials, and trains its customer service representatives.
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`ZTA has no role in determining a dress code for customer service representatives in its Plano call
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`center. No customer service representative is required to wear any clothing or accessory bearing
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`ZTA's name or logo. It is not typical for call center representatives to wear apparel with the ZTE
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`logo.
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`No ZTA employee maintains an office at the iQor facility in Plano. ZTA employees may visit the
`call center at times, but work from a cubicle set aside for visitors.
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`10.
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`11.
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`12.
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`13.
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`14.
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`15.
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`16.
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`I declare under penalty of perjury that the
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`I i - ”2. o — I 7
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`Date
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`xecuted on: r going is true and c
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`‘
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`By:
`Edward Rayeski
`Director, Handset 8: Device upport Customer Service
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`ZTE (USA) Inc.
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