FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 1 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

________________________________________________ 

________________________________________________ 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

COMPLAINT COUNSEL’S EXPEDITED MOTION FOR 

DISCOVERY SANCTIONS AGAINST HOMEADVISOR, INC. 

For months, Respondent HomeAdvisor, Inc. (“HomeAdvisor”) has evaded its basic 

discovery obligations by resisting production of relevant sales call recordings. After this Court 

ordered production of those recordings, HomeAdvisor instead dumped 30-50 million data files, 

many of which are nonresponsive, into a practically unsearchable depository. Because 

HomeAdvisor’s conduct undermines the Court’s authority and its ability to evaluate 

Respondent’s business practices, Complaint Counsel moves pursuant to Commission 

Rule 3.38(b) to sanction HomeAdvisor by ordering that previously produced sales call 

recordings will be treated as representative, by prohibiting HomeAdvisor from objecting to the 

introduction and use of those recordings, and by prohibiting HomeAdvisor from introducing 

evidence to the contrary. 

EXPEDITION 

Fact discovery has closed, expert deadlines are imminent, and Complaint Counsel’s 

expert cannot prepare a report without the recordings HomeAdvisor effectively refuses to 

produce. Pursuant to Rule 3.22(d), Complaint Counsel respectfully requests that HomeAdvisor 

be required to respond to this motion by September 16, 2022, and that the Court rule on the 

1 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 2 of 44 | PUBLICPUBLIC

 

 

 

 

 

motion by September 20, 2022, to expeditiously address HomeAdvisor’s conduct and resolve 

this issue. A proposed order is attached. 

BACKGROUND 

The Complaint alleges that HomeAdvisor’s sales representatives misled service providers 

about the viability of HomeAdvisor’s leads and the cost of an annual membership with an 

mHelpDesk subscription. Sales call recordings are critical evidence of HomeAdvisor’s 

misleading practices. 

On April 7, 2022, Complaint Counsel moved for summary decision and attached, inter 

alia, transcripts of 100 sales call recordings randomly selected from the recordings produced by 

Respondent in response to the Commission’s CID. Complaint Counsel’s Motion for Summary 

Decision (“SD Motion”). In its June 6 opposition, Respondent argued that the sample introduced 

was not representative. Respondent’s Statement of Material Facts for Which There is a Genuine 

Issue for Trial, attached to Respondent’s Opposition to Complaint Counsel’s Motion for 

Summary Decision at 186-87. On June 8, Complaint Counsel served HomeAdvisor with its 

Second Set of Requests for Production of Documents, including Request 14 (the “Request”). 

Declaration of Sophia H. Calderón (“Calderón Decl.”), Exh. A. The Request sought all sales call 

recordings for which Respondent’s voice log process was completed1

 from May 1 through 

October 31, 2019, to be produced “via electronic mail, or at such time and place as may be 

agreed upon by all counsel.” Id. 

HomeAdvisor resisted the requested production, eventually representing that it would 

produce approximately 5,000-6,000 sales call recordings from the specified time period. 

Calderón Decl., Exh. B. Complaint Counsel proposed accepting those recordings as sufficient if 

1 Completion of the voice log process is a proxy for identifying calls that resulted in a sale. 

2 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 3 of 44 | PUBLICPUBLIC

 

 

 

 

 

HomeAdvisor stipulated to, inter alia, treating them as representative. Id. HomeAdvisor refused, 

and Complaint Counsel moved to compel. On August 7, Respondent produced via FTP 

approximately 4,700 recordings, Calderón Decl., Exh. C, which Complaint Counsel understands 

to be the approximately 5,000-6,000 recordings that Respondent represented it would produce. 

On August 16, this Court granted Complaint Counsel’s motion and ordered 

HomeAdvisor to either produce all material responsive to the Request or stipulate to treating the 

prior production of sales call recordings as representative. Order Granting Complaint Counsel’s 

Mot. to Compel Documents Responsive to Request 14 at 3-4 (“Order”). 

HomeAdvisor did neither. On August 30, the last day possible to comply with the Order, 

HomeAdvisor sent Complaint Counsel a link to a virtual machine that the company claimed 

would allow access to a HomeAdvisor database containing the requested recordings. Calderón 

Decl., Exh. D. Complaint Counsel was initially unable to access the database. Calderón Decl. 

¶ 7. On September 2, Complaint Counsel attended a videoconference that included 

HomeAdvisor’s counsel and William Cole Bryant Tracy, a Senior Manager of Enterprise 

Infrastructure with Respondent’s parent company. Id. ¶ 8. During that videoconference, 

Mr. Tracy shared his screen, demonstrated how to access the database, and explained how to 

search for, listen to, and download files in the database. Id. ¶ 9. He explained that the database 

contained millions of data files that correspond to audio files, that some data files contained 

audio files accessible to Complaint Counsel, that Complaint Counsel could determine whether a 

data file contained an accessible audio file only by checking it individually, and that records 

could be downloaded only in groups of 100 or less. Id. 

On September 13, 2022, Complaint Counsel accessed the database and confirmed that not 

all of the data files contained accessible audio files and that Complaint Counsel could determine 

3 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 4 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

whether a data file contained an accessible audio file only by checking it individually. Id. ¶ 11. 

Complaint Counsel also determined that records could be searched for only by date, that records 

containing accessible audio files did not necessarily concern calls on which the voice log process 

was completed, and that it is seemingly impossible to download a complete list of the records. Id. 

ARGUMENT 

HomeAdvisor has chosen, repeatedly, to withhold and obscure responsive, highly 

relevant recordings. Rather than produce a reasonable amount of usable, electronically stored 

information (ESI), HomeAdvisor dumped millions of files in a virtual repository and told 

Complaint Counsel to check their responsiveness individually. No matter the form HomeAdvisor 

stores recordings, “it is not enough for a party who produces documents as they are kept in the 

ordinary course of business to simply invite the requesting party to sift through its file cabinets in 

an effort to locate those documents that are responsive to its requests.” In the Matter of Traffic 

Jam Events, LLC, 2021 WL 3701656, at *3-4 (F.T.C. Aug. 9, 2021) (quoting Henderson v. 

Holiday CVS, L.L.C., No. 09-80909-CIV, 2010 WL 11505168, at *2 (S.D. Fla. Aug. 11, 2010)). 

Because this is little more than a “document dump with an instruction to the requesting party to 

go fish,” id. (internal quotation marks omitted), HomeAdvisor has violated this Court’s Order 

and Commission Rule 3.37(e). 

1. Legal Standards 

Rule 3.37(c), which governs discovery of ESI, provides that ESI must be produced in the 

form requested, 16 C.F.R. § 3.37(c)(ii); see also Fed. R. Civ. P. 34(b)(2)(E)(ii),

2 or, if no form 

was requested, in a form in which it is ordinarily maintained or in a reasonably usable form. 

Landry v. Swire Oilfield Servs., L.L.C., 323 F.R.D. 360, 390 (D.N.M. 2018) (quoting Federal 

2 Because Rule 3.37(c) is similar to Federal Rule 34(b)(2)(E), this Court may look to cases applying the federal rule 

for guidance. Traffic Jam, 2021 WL 3701656, at *4 n.5. 

4 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 5 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

 

 

 

 

 

 

Rule 34(b)(2)(E)(i)-(ii)). Where ESI is produced as ordinarily maintained, a producing party 

cannot merely facilitate access to voluminous documents without regard for responsiveness. 

Traffic Jam, 2021 WL 3701656, at *3. Furthermore, whether ESI is searchable is a factor in 

determining its reasonable usability. See, e.g., Landry, 323 F.R.D. at 390. ESI usability is critical 

to evaluating responsiveness because Commission Rule 3.37(c) is not satisfied where the 

requesting party cannot reasonably determine which documents are responsive to its requests. 

See Traffic Jam, 2021 WL 3701656, at *3; see also Landry, 323 F.R.D. at 388 (“ESI can be 

jumbled beyond usefulness—by dumping them out of their file directories and onto the 

requesting party—just as easily as hard copy documents can.”); cf. Nat’l Jewish Health v. 

WebMD Health Servs. Grp., Inc., 305 F.R.D. 247, 254 (D. Colo. 2014) (applying Federal Rule 

34(b)(2)(E)(i)) (quoting Armor Screen Corp. v. Storm Catcher, Inc., No. 07-81091-CivRyskamp/Vitunac, 2009 WL 291160, at *2 (S.D. Fla. Feb. 5, 2009)). 

2. The Millions of Data Files Are Not Reasonably Usable 

HomeAdvisor created a functionally unsearchable depository of millions of data files 

rather than actually produce the responsive recordings.3

 There is no functional way to narrow to 

responsive recordings. Indeed, the millions of data files: (a) can be searched only by date; 

(b) cannot be narrowed by whether they have an accessible audio file; (c) cannot be narrowed by 

whether the audio file, if accessible, concerns a call on which the voice log process was 

completed; and (d) can be downloaded only in batches of up to 100. Calderón Decl. ¶¶ 9, 11. 

Further, there is seemingly no way to export a list of the of data files. Id. ¶ 11. 

3 HomeAdvisor acknowledges this investigation began in July 2019, see Memorandum of Law in Opposition to 

Complaint Counsel’s Motion to Compel Respondent to Comply with Complaint Counsel’s Request for Production 

of Documents at 2, yet its own declarant says Respondent moved certain of the files in question to “extreme long 

term retention” in 2020 or 2021. Id., RX8 at 2-3. If, as Respondent asserts, its own actions—after litigation became 

reasonably foreseeable—functionally destroyed or obscured evidence, then HomeAdvisor ignored retention 

obligations for years. 

5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 6 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

 

 

 

 

 

These issues were foreseeable, but HomeAdvisor chose to provide this data dump on the 

last day possible. HomeAdvisor could have attempted a technological workaround months ago. 

Alternatively, HomeAdvisor could have accepted Complaint Counsel’s offered stipulation that 

another set of recordings be treated as responsive. Instead, HomeAdvisor dumped millions of 

files into a pile and told Complaint Counsel, “Go fish.” Rule 3.37(c)(ii) requires more. Cf. 

Henderson, 2010 WL 11505168, at *3 (“A party exercising Rule 34’s option to produce records 

as they are kept in the usual course of business should organize the documents in such a manner 

that [the requesting party] may obtain, with reasonable effort, the documents responsive to their 

requests.”) (quoting Armor Screen Corp., 2009 WL 291160, at *2) (alteration in original). 

HomeAdvisor’s foot-dragging has severely impinged Complaint Counsel’s ability to 

analyze relevant evidence to meet fast-approaching expert discovery deadlines and prepare for 

trial. Indeed, Complaint Counsel cannot create a representative sample of recordings from a 

vastly overinclusive database of files that provides no mechanism to facially identify which files 

are actually responsive. HomeAdvisor should have raised these technological hurdles months 

ago,4

 rather than as a surprise at the close of discovery. 

Because HomeAdvisor produced essentially unsearchable ESI and has not provided the 

ability to make the ESI searchable, its production is unusable. See Landry, 323 F.R.D. at 390. 

And because Complaint Counsel is unable to determine which, if any, of the recordings are 

responsive, Rule 3.37(c) is unsatisfied. Cf. Nat’l Jewish Health, 305 F.R.D. at 254 (applying Fed. 

R. Civ. P. 34(b)(2)(E)(i)). 

4 In its opposition to Complaint Counsel’s motion to compel, HomeAdvisor submitted a declaration from Mr. Tracy 

purporting to outline the burden in complying with the Request. In outlining the efforts it would take to restore 

responsive recordings, Mr. Tracy made no mention to the Court that HomeAdvisor’s production would be in this 

unusable form. 

6 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 7 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

3. Sanctions Are Warranted 

HomeAdvisor violated this Court’s Order and Rule 3.37(c). Sanctions are warranted 

under Rule 3.38. “Sanctions may be imposed for failing to comply with a discovery obligation 

where the failure to comply was ‘unjustified and the sanction imposed is reasonable in light of 

the material withheld and the purposes of Rule 3.38(b).’” Traffic Jam, 2021 WL 3701656, at *3 

(quoting In re ECM BioFilms, Inc., 2014 FTC LEXIS 44, at *5 (Mar. 11, 2014)). “Rule 3.38 is 

designed both to prohibit a party from resting on its own concealment and to maintain the 

integrity of the administrative process.” In the Matter of LabMD, Inc., 2014 WL 1100693, at *4 

(F.T.C. Mar. 10, 2014) (quoting In re Grand Union Co., 102 F.T.C. 812, 1983 WL 486347, 

at *208 (1983)). Because HomeAdvisor has not complied with discovery obligations imposed by 

both Rule 3.37 and this Court, the Court may impose sanctions, including but not limited to, the 

following: 

[...] 

(2) Order that the matter be admitted or that the admission, testimony, documents, 

or other evidence would have been adverse to the party; 

(3) Rule that for the purposes of the proceeding the matter or matters concerning 

which the order or subpoena was issued be taken as established adversely to the 

party; 

(4) Rule that the party may not introduce into evidence or otherwise rely, in 

support of any claim or defense, upon testimony by such party, officer, agent, 

expert, or fact witness, or the documents or other evidence, or upon any other 

improperly withheld or undisclosed materials, information, witnesses, or other 

discovery[.] 

16 C.F.R. § 3.38(b). 

Here, HomeAdvisor resisted production of these responsive and highly relevant 

recordings practically until the close of discovery. And what it “produced” is unusable. Recently, 

in Traffic Jam, this Court concluded that merely providing access to a large volume of records 

7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 8 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

without the ability to identify responsive documents was sanctionable and an adverse inference 

was warranted. 2021 WL 3701656, at *6-7. Similarly, HomeAdvisor did no more than tell 

Complaint Counsel where it can access records and took no steps to designate or describe 

responsive recordings. Regardless of how these records were originally maintained, 

HomeAdvisor must do more than provide access to a massive depository of unusable data. 

Henderson, 2010 WL 11505168, at *3 (citing Alford v. Aaron Rents, Inc., 2010 WL 2765260, 

at *22 (S.D. Ill. May 17, 2010)). As in Traffic Jam, sanctions are warranted. 

Further, HomeAdvisor should not benefit from defying this Court’s authority by limiting 

Complaint Counsel’s ability to meet upcoming expert discovery deadlines and prepare for trial 

through a last-minute data dump. HomeAdvisor’s latest ploy has made it functionally impossible 

for Complaint Counsel and/or an expert to analyze the recordings, including by selecting a 

random sample of recordings that resulted in sales. This burden should fall on its creator: 

HomeAdvisor. 

The Court has discretion to fashion appropriate sanctions. 16 C.F.R. § 3.38(b). A 

proportionate sanction under Rule 3.38(b)(2)-(3) would nullify the evidentiary injuries5 caused 

by HomeAdvisor’s discovery abuses by ordering that a set of HomeAdvisor’s previously 

produced sales call recordings be treated as representative of Respondent’s sales calls. 

Accordingly, the Court should order that the sample of 100 recordings submitted in support of 

the SD Motion be treated as representative of all of Respondent’s sales calls. Alternatively, the 

Court should order that the approximately 4,700 sales call recordings produced on August 7 be 

5 Additionally, HomeAdvisor’s discovery abuses have caused temporal injuries to Complaint Counsel, who cannot 

even begin to analyze the responsive recordings. Simultaneous with this filing, Complaint Counsel has therefore 

filed a motion with the Commission to continue the current evidentiary hearing date. 

8 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 9 of 44 | PUBLICPUBLIC

 

 

treated as representative of all of Respondent’s sales calls for the time period from May 1 

through October 31, 2019. 

To effectuate these sanctions, related and necessary sanctions pursuant to Rule 3.38(b)(4) 

should prohibit HomeAdvisor from: (1) objecting to the introduction of the representative 

sample; (2) relying upon withheld recordings; and (3) introducing and using secondary evidence 

to show what withheld evidence would have shown. These sanctions are appropriate to 

HomeAdvisor’s conduct and proportionate to the significance of the withheld evidence. Traffic 

Jam, 2021 WL 3701656, at *5-6. 

CONCLUSION 

For three months, HomeAdvisor has failed to uphold its discovery obligations by 

resisting compliance with Complaint Counsel’s Request for relevant evidence, by rejecting 

Complaint Counsel’s reasonable compromise offer, and by defying this Court’s Order. Now, it 

has deposited millions of effectively unusable files in an electronic depository under its sole 

control. Sanctions are appropriate and necessary under Rule 3.38(b) to protect the integrity of 

this proceeding and ameliorate the consequences of HomeAdvisor’s discovery abuses. 

9 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 10 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

Respectfully submitted, 

Dated: September 14, 2022 s/ Sophia H. Calderón 

Sophia H. Calderón 

Colin D. A. MacDonald 

Breena M. Roos 

M. Elizabeth Howe 

Katharine F. Barach 

Nadine S. Samter 

Ben A. Halpern-Meekin 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Tel.: (206) 220-6350 

Fax: (206) 220-6366 

Email: scalderon@ftc.gov 

cmacdonald@ftc.gov 

broos@ftc.gov 

mhowe@ftc.gov 

kbarach@ftc.gov 

nsamter@ftc.gov 

bhalpernmeekin@ftc.gov 

Counsel Supporting the Complaint 

10 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 11 of 44 | PUBLICPUBLIC

 

 

 

 

 

________________________________________________ 

________________________________________________ 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

STATEMENT REGARDING MEET AND CONFERS 

Pursuant to Paragraph 4 of the Scheduling Order issued in this matter, Complaint Counsel 

submits this Statement regarding its conferences with Respondent’s Counsel regarding the 

Requests for Production which form the basis of its contemporaneously filed motion: 

On September 2, 2022, at 1:00pm Pacific Time, Complaint Counsel Sophia H. 

Calderón, Breena M. Roos, and Ben A. Halpern-Meekin met via Zoom with Neil T. Phillips, 

Respondent’s Counsel, and William Cole Bryant Tracy, a Senior Manager of Enterprise 

Infrastructure with Respondent’s parent company, to discuss the virtual machine (VM) and 

virtual private network (VPN) that HomeAdvisor set up to provide access to the recordings 

produced. Mr. Tracy explained the steps by which Complaint Counsel were supposed to be able 

to access the VM through the VPN. Complaint Counsel asked how to identify recordings 

produced that were responsive to the request for production, and Mr. Tracy explained that each 

recording would need to be accessed individually to do so. 

On September 7, 2022, at 12:15pm Pacific Time, Complaint Counsel Sophia H. 

Calderón, Colin D. A. MacDonald, Breena M. Roos, and Ben A. Halpern-Meekin met via Zoom 

with Respondent’s Counsel Neil T. Phillips. Technology support employees from both 

Respondent and Complaint Counsel participated in the call. During this call, Complaint Counsel 

1 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 12 of 44 | PUBLICPUBLIC

 

 

 

 

 

explained that it was having ongoing difficulties accessing the repository, and Respondent made 

technical modifications and provided additional access information which allowed Complaint 

Counsel to access the repository itself for the first time. 

On September 13, 2022, at 12:00pm Pacific Time, Complaint Counsel Sophia H. 

Calderón, Colin D. A. MacDonald, and Ben A. Halpern-Meekin met via Zoom call with 

Respondent’s Counsel Neil T. Phillips and Kyra Simon. During this call, Complaint Counsel 

explained that the technical limitations of the repository system made accessing the responsive 

calls and separating them from nonresponsive calls functionally impossible. Complaint Counsel 

stated that it viewed this as insufficient to meet Respondent’s obligations under the Court’s 

August 16 order. Respondent disagreed. Complaint Counsel invited Respondent to reconsider its 

position regarding stipulating to the representativeness of previously produced sales call 

recordings. Respondent declined. 

2 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 13 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

Respectfully submitted, 

Dated: September 14, 2022 s/ Sophia H. Calderón 

Sophia H. Calderón 

Colin D. A. MacDonald 

Breena M. Roos 

M. Elizabeth Howe 

Katharine F. Barach 

Nadine S. Samter 

Ben A. Halpern-Meekin 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Tel.: (206) 220-6350 

Fax: (206) 220-6366 

Email: scalderon@ftc.gov 

cmacdonald@ftc.gov 

broos@ftc.gov 

mhowe@ftc.gov 

kbarach@ftc.gov 

nsamter@ftc.gov 

bhalpernmeekin@ftc.gov 

Counsel Supporting the Complaint 

3 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 14 of 44 | PUBLICPUBLIC

 

 

 

________________________________________________ 

________________________________________________ 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

[PROPOSED] ORDER GRANTING COMPLAINT COUNSEL’S MOTION FOR 

DISCOVERY SANCTIONS 

Pursuant to FTC Rule of Practice 3.38, 16 C.F.R. § 3.38, Complaint Counsel’s Motion 

for Discovery Sanctions Against HomeAdvisor, Inc. is GRANTED and it is hereby: 

[Complaint Counsel has offered two proposed sanctions below. For the Court’s 

convenience, proposed order language for both are listed below.] 

[Proposed Sanctions No. 1:] 

ORDERED that the sample of 100 calls transcribed and attached to Complaint Counsel’s 

Motion for Summary Decision as attachments to PX0022 (referred to herein as the 

“Representative Calls”) shall be treated as representative of all sales calls made by Respondent 

during the time period relevant to this litigation, AND 

ORDERED that Respondent is prohibited from challenging the reliability or admissibility 

of the Representative Calls, AND 

ORDERED that Respondent is prohibited from introducing as evidence: (a) any call 

recordings not produced to Complaint Counsel before September 6, 2022, the close of discovery 

in this matter; and (b) any secondary evidence that purport to show the contents of any call 

recordings not produced to Complaint Counsel before September 6, 2022, the close of discovery 

in this matter. Respondent is prohibited from introducing as evidence any call recording, or any 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 15 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

secondary evidence that purports to show the contents of any call recording, that was only 

accessible to Complaint Counsel via the virtual machine referenced in Respondent’s August 

30,2022 email to Complaint Counsel. 

[Proposed Sanctions No. 2] 

ORDERED that the approximately 4,700 sales calls Respondent produced on August 7, 

2022 (referred to herein as the “Representative Calls”) shall be treated as representative of all 

sales calls made by Respondent during the time period from May 1, 2019 through October 31, 

2019, AND 

ORDERED that Respondent is prohibited from challenging the reliability or admissibility 

of the Representative Calls, AND 

ORDERED that Respondent is prohibited from introducing as evidence: (a) any call 

recordings not produced to Complaint Counsel before September 6, 2022, the close of discovery 

in this matter; and (b) any secondary evidence that purport to show the contents of any call 

recordings not produced to Complaint Counsel before September 6, 2022, the close of discovery 

in this matter. Respondent is prohibited from introducing as evidence any call recording, or any 

secondary evidence that purports to show the contents of any call recording, that was only 

accessible to Complaint Counsel via the virtual machine referenced in Respondent’s August 30, 

2022 email to Complaint Counsel. 

SO ORDERED. 

Dated: 

D. Michael Chappell 

Chief Administrative Law Judge 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 16 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

________________________________________________ 

________________________________________________ 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

[PROPOSED] ORDER REQUIRING EXPEDITED RESPONSE 

On September 14, 2022, Complaint Counsel filed an Expedited Motion for Discovery 

Sanctions Against HomeAdvisor, Inc. with respect to compliance with this Court’s August 16 

Order Granting Complaint Counsel’s Motion to Compel Documents Responsive to Request 14. 

Under the Scheduling Order in this case, as amended, fact discovery closed on September 6, 

2022, Respondent is due to sit for a corporate deposition, and expert discovery deadlines are 

approaching as soon as September 20, 2022. 

Pursuant to FTC Rule 3.22(d), the Administrative Law Judge may shorten the time within 

which a response is due. It is HEREBY ORDERED that Respondent HomeAdvisor, Inc. shall 

file any response to the Motion no later than 5:00 p.m. on September 16, 2022. 

SO ORDERED. 

Dated: 

D. Michael Chappell 

Chief Administrative Law Judge 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 17 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

________________________________________________ 

________________________________________________ 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

DECLARATION OF SOPHIA H. CALDERÓN 

I, Sophia H. Calderón, declare as follows: 

1. I am an attorney at the Federal Trade Commission (“FTC”) and Complaint 

Counsel in this proceeding. Unless otherwise stated, I have personal knowledge of the 

information contained herein. 

2. Complaint Counsel’s Second Set of Requests for Production of Documents (the 

“Requests”) were served by Complaint Counsel on Respondent’s Counsel on June 8, 2022, and 

are attached as Exhibit A. As reflected in Exhibit A, Request 14 sought production of: 

For the time period from May 1, 2019, through October 31, 2019, recordings of all 

telephone calls between Your sales agents and prospective Service Providers during 

which the prospective Service Provider completed Your Voice Log Process and 

responded affirmatively to all of the questions asked in Your Voice Log Process. This 

request seeks, to the extent available, recordings of the entirety of such telephone calls, 

and is not limited to the recordings of the Voice Log Process. 

The Requests defined “Voice Log Process” as “the process that is described in paragraphs 4 

and 5 of the Declaration of Michael Metzger, RX0095 to Respondent HomeAdvisor, Inc.’s 

Memorandum of Law in Opposition to Complaint Counsel’s Motion for Summary Decision.” 

Completion of the voice log process is a proxy for identifying calls that resulted in a sale. 

3. Complaint Counsel sent a letter to Respondent’s Counsel on July 29, 2022, 

proposing particular circumstances in which it would accept Respondent’s production of 5,000-

6,000 sales call recordings as sufficient in response to Request 14. Complaint Counsel’s July 29 

letter is attached as Exhibit B. 

1 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 18 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

4. On August 7, 2022, I received an email from Mr. Neil Phillips, counsel for 

Respondent, stating that the email contained a file transfer protocol (FTP) link by which 

Complaint Counsel could download a production that included approximately 4,700 “QA audio 

recordings.” Mr. Phillips’ August 7 email is attached as Exhibit C. 

5. Prior to August 30, 2022, Respondent’s document productions in the abovecaptioned matter (including the August 7 production referenced above in Paragraph 4) were sent 

via emails to Complaint Counsel containing an FTP link by which Complaint Counsel could 

download the production. 

6. On August 30, 2022, I received an email from Mr. Phillips containing instructions 

on how to access a virtual machine that would purportedly provide Complaint Counsel with 

access to a database containing “the requested archived sales audio recordings from May 1, 2019 

through October 31, 2019.” In his August 30 email, Mr. Phillips noted that the database 

contained icons for both responsive and non-responsive audio recordings and that only the icons 

for responsive audio recording would contain actual audio files accessible to Complaint Counsel. 

Mr. Phillips’ August 30 email is attached as Exhibit D. 

7. Despite following the instructions provided by Mr. Phillips, I was initially unable 

to access the database because accessing the database required me to download a software to my 

computer that security features on my computer put in place by the FTC would not allow me to 

download. I informed Mr. Phillips of this by email on September 1, 2022. My September 1 email 

is attached as Exhibit E. 

8. On September 2, 2022, I attended a meeting, via Zoom, with Mr. Phillips and 

Mr. William Cole Bryant Tracy, who I understand is a Senior Manager of Enterprise 

Infrastructure with Respondent’s parent company, Angi. Also present were Breena Roos and Ben 

Halpern-Meekin, who are Complaint Counsel. 

9. During this meeting, Mr. Tracy shared his screen, demonstrated how to access the 

database containing the audio recordings, and explained how to search for, listen to, and 

download files in the database. Mr. Tracy explained the database contained between 30 and 50 

million data files that correspond to audio files, that not all of the data files contained audio files 

2 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 19 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

accessible to Complaint Counsel, that Complaint Counsel could determine whether a data file 

contained an accessible audio file only by checking it individually, and that records could only 

be viewed and downloaded in groups of 100 or fewer. 

10. Complaint Counsel was not able to access the database until September 7, 2022. 

11. On September 13, 2022, I accessed the database and confirmed that not all of the 

data files contained accessible audio files, and that I could determine whether a data file 

contained an accessible audio file only by checking it individually. I listened to four audio files 

accessible in the database: the voice log process did not occur during any of them and one of 

them was not a sales call. I also determined that the only way to search the records in the 

database was by date, and that there were approximately 13.4 million data files between May 1, 

2019, and October 31, 2019. Exporting a complete list of the records in the database did not 

appear to be possible. 

I declare under penalty of perjury that to the best of my knowledge and belief the 

foregoing is true and accurate. 

Dated: September 14, 2022 s/ Sophia H. Calderón 

Sophia H. Calderón 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Tel.: (206) 220-6350 

Fax: (206) 220-6366 

Email: scalderon@ftc.gov 

Counsel Supporting the Complaint 

3 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 20 of 44 | PUBLICPUBLIC

EXHIBIT A 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 21 of 44 | PUBLICPUBLIC

 

 

________________________________________________ 

________________________________________________ 

In the Matter of 

HOMEADVISOR, INC., a corporation, 

d/b/a ANGI LEADS, 

d/b/a HOMEADVISOR POWERED BY ANGI. DOCKET NO. 9407 

COMPLAINT COUNSEL’S SECOND SET OF 

REQUESTS FOR PRODUCTION OF DOCUMENTS 

Pursuant to the Federal Trade Commission’s Rules of Practice, 16 C.F.R. § 3.37(a), 

Complaint Counsel hereby requests that Respondent HomeAdvisor, Inc. produce all documents, 

electronically stored information, and other things in its possession, custody, or control 

responsive to the following requests within 30 days via electronic mail, or at such time and place 

as may be agreed upon by all counsel. 

I. DEFINITIONS 

Notwithstanding any definition below, each word, term, or phrase used in this Schedule is 

intended to have the broadest meaning permitted under the Federal Trade Commission’s Rules of 

Practice. 

1. “And” and “or” shall be construed either disjunctively or conjunctively as necessary to 

bring within the scope of the request any information that might otherwise be construed 

to be outside its scope. 

2. “Any” shall be construed to include “all,” and “all” shall be construed to include the word 

“any.” 

3. “Each” shall be construed to include “every,” and “every” shall be construed to include 

“each.” 

4. “Includes” or “including” means “including, but not limited to,” so as to avoid excluding 

any information that might otherwise be construed to be within the scope of any request 

for information. 

5. “Relating to” or “related to” means discussing, describing, reflecting, referring, 

containing, analyzing, studying, reporting, commenting, evidencing, constituting, setting 

forth, considering, recommending, concerning, or pertaining to, in whole or in part. 

1 of 5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 22 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

 

6. “Lead” means any set of information sold or otherwise provided by You to a Service 

Provider about a Person (i) who has expressed an interest in, or has visited a website 

related to, home services, or (ii) who has been identified as a potential customer for home 

services. 

7. “Person” means any natural person, corporation, partnership, or other business 

association and any other legal entity, including all members, officers, predecessors, 

assigns, divisions, affiliates, and subsidiaries. 

8. “Service Provider” means a Person who sells home services and has purchased a 

membership and/or Leads from You. 

9. “You,” “Your,” or “Yourself” means HomeAdvisor, Inc., also doing business as Angi 

Leads, also doing business as HomeAdvisor Powered by Angi, or any agent, employee, 

officer, or representative thereof. 

10. “Voice Log Process” means the process that is described in paragraphs 4 and 5 of the 

Declaration of Michael Metzger, RX0095 to Respondent HomeAdvisor, Inc.’s 

Memorandum of Law in Opposition to Complaint Counsel’s Motion for Summary 

Decision. 

11. The use of the singular includes the plural, and the plural includes the singular. 

12. The use of a verb in any tense shall be construed as the use of the verb in all other tenses. 

13. The spelling of a name shall be construed to include all similar variants thereof. 

II. INSTRUCTIONS 

1. All documents produced in response to these requests shall be clearly and precisely 

identified as to the Request(s) to which they are responsive. Documents that may be 

responsive to more than one Request need not be submitted more than once; however, 

Your response shall indicate, for each document submitted, all Requests to which the 

documents are responsive. 

2. A complete copy of each document should be submitted even if only a portion of the 

document is within the terms of the document Request. The document shall not be edited, 

cut, or expunged and shall include all covering letters and memoranda, transmittal slips, 

appendices, tables, or other attachments. 

3. Each page submitted should be marked with a unique “Bates” document tracking 

number. 

4. Documents covered by these specifications are those that are in Your possession or under 

Your actual or constructive custody or control, whether or not such documents were 

2 of 5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 23 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

 

 

received from or disseminated to any other Person or entity including attorneys, 

accountants, directors, officers, employees, independent contractors, and volunteers. 

5. If any requested material is withheld based on a claim of privilege, submit, together with 

such claim, a schedule of items withheld that states individually for each item withheld: 

(a) the type, title, specific subject matter, and date of the item; (b) the names, addresses, 

positions, and organizations of all authors and recipients of the item; and (c) the specific 

grounds for claiming that item as privileged. If only part of a responsive document is 

privileged, all non-privileged portions of the document must be submitted. 

6. The document Requests are continuing in character so as to require You to produce 

additional information promptly upon obtaining or discovering different, new, or further 

information before the close of discovery as set forth in the Scheduling Order in this 

matter. 

7. You are hereby advised that Complaint Counsel will move, if any party files any 

dispositive motion, or at the commencement of trial, to preclude You from presenting 

evidence regarding responsive matters You have failed to set forth in Your answers to 

these document Requests. 

III. REQUESTS FOR PRODUCTION 

Demand is hereby made of Respondent HomeAdvisor, Inc. for the following 

documentary and tangible things: 

14. For the time period from May 1, 2019, through October 31, 2019, recordings of all 

telephone calls between Your sales agents and prospective Service Providers during 

which the prospective Service Provider completed Your Voice Log Process and 

responded affirmatively to all of the questions asked in Your Voice Log Process. This 

request seeks, to the extent available, recordings of the entirety of such telephone calls, 

and is not limited to the recordings of the Voice Log Process. 

15. For each recording responsive to Request for Production No. 14, above, all records and/or 

data pertaining to the telephone call, including but not limited to the date on which the 

telephone call occurred, the duration of the telephone call, the name of Your sales agent 

on the call, Your unique identifier for the prospective Service Provider (i.e., the 

“Service Provider identification number”) on the telephone call, if one was eventually 

assigned, and the membership price the prospective Service Provider was quoted during 

the Voice Log Process. 

16. For each recording responsive to Request for Production No. 14, above, any quality 

assurance assessments, evaluations, or grading of Your sales agent’s performance during 

the specific telephone call. 

3 of 5 
Respectfully, 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 24 of 44 | PUBLICPUBLIC

 

 

 

 

 

 

Dated: June 8, 2022 By: s/ Sophia H. Calderón 

Sophia H. Calderón 

Colin D. A. MacDonald 

Breena M. Roos 

M. Elizabeth Howe 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Tel.: (206) 220-6350 

Fax: (206) 220-6366 

Email: scalderon@ftc.gov 

cmacdonald@ftc.gov 

broos@ftc.gov 

mhowe@ftc.gov 

Counsel Supporting the Complaint 

4 of 5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 25 of 44 | PUBLICPUBLIC

 

 

CERTIFICATE OF SERVICE 

I hereby certify that on June 8, 2022, I caused a true and correct copy of the foregoing to 

be served via electronic mail to: 

William A. Burck 

Dawn Y. Yamane Hewett 

Kyra R. Simon 

Quinn Emanuel Urquhart & Sullivan, LLP 

1300 I Street NW, 9th Floor 

Washington, DC 20005 

(202) 538-8000 

williamburck@quinnemanuel.com 

dawnhewett@quinnemanuel.com 

kyrasimon@quinnemanuel.com 

Stephen R. Neuwirth 

Jennifer J. Barrett 

Neil T. Phillips 

George T. Phillips 

Jared Ruocco 

Kathryn D. Bonacorsi 

Quinn Emanuel Urquhart & Sullivan, LLP 

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

(212) 849-7000 

stephenneuwirth@quinnemanuel.com 

jenniferbarrett@quinnemanuel.com 

neilphillips@quinnemanuel.com 

georgephillips@quinnemanuel.com 

jaredruocco@quinnemanuel.com 

kathrynbonacorsi@quinnemanuel.com 

Counsel for Respondent HomeAdvisor, Inc. 

Dated: June 8, 2022 By: s/ Sophia H. Calderón 

Sophia H. Calderón 

Federal Trade Commission 

Northwest Region 

915 Second Ave., Suite 2896 

Seattle, WA 98174 

Counsel Supporting the Complaint 

5 of 5 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 26 of 44 | PUBLICPUBLIC

EXHIBIT B 
UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

Northwest Regional Office 

Colin D. A. MacDonald 

Attorney 

(206) 220-4474 

cmacdonald@ftc.gov 

July 29, 2022 

BY EMAIL 

HomeAdvisor, Inc. 

c/o Quinn Emanuel Urquhart & Sullivan, LLP 

Attn: Neil T. Phillips, Esq. (neilphillips@quinnemanuel.com) 

George T. Phillips, Esq. (georgephillips@quinnemanuel.com) 

Re: In the Matter of HomeAdvisor, Inc., Docket No. 9407 

HomeAdvisor, Inc.’s Responses and Objections to Complaint Counsel’s 

Second Set of Requests for Production and First Set of Interrogatories 

Dear Counsel: 

Thank you for meeting with Complaint Counsel today to discuss HomeAdvisor, Inc.’s 

Responses and Objections to Complaint Counsel’s Second Set of Requests for Production and 

HomeAdvisor, Inc.’s Responses and Objections to Complaint Counsel’s First Set of 

Interrogatories. Based on today’s conversation and your letter, dated July 28, 2022, we expect to 

see significant productions in response to both the Requests for Production and the 

Interrogatories next week (by August 5, 2022). Details on the anticipated productions follow. 

Second Set of Requests for Production. Based on our conversation, we understand that 

HomeAdvisor, Inc. has identified approximately 5,000-6,000 call recordings from the time 

period specified in Request for Production 14 and for which quality assurance reviews 

responsive to Request for Production 16 have been similarly identified (collectively referred to 

hereafter as the “Quality Assurance Recordings”). It is also our understanding based on your 

representations regarding your client’s collection efforts that these Quality Assurance Recordings 

do not include any recordings for which no quality assurance form exists. We understand that 

this is because the recordings for which such forms exist are stored in a different location than 

other recordings. You stated that you would produce the Quality Assurance Recordings by 

August 5, 2022, and asked whether we would consider production of the Quality Assurance 

Recordings sufficient for purposes of Request for Production 14. 

The plain reading of Request for Production 14 requires production of recordings from 

the relevant period regardless of whether associated quality assurance forms exist (or ever 

existed). These recordings are plainly relevant to the claims and defenses at issue in this case. 

Indeed, HomeAdvisor, Inc. has repeatedly argued that the calls transcribed and attached to 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 27 of 44 | PUBLICPUBLIC
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 28 of 44 | PUBLICPUBLIC

 

 

 

Complaint Counsel’s Motion for Summary Decision are insufficiently representative of all sales 

calls. Thus, it is HomeAdvisor, Inc.’s own litigation position which makes this production vital 

to the litigation. Our proposal below seeks to address that objection and your client’s 

simultaneous claims of burden in retrieving additional recordings. However, as discussed on 

today’s call, your client’s suggestion that it be permitted to select a smaller population of more 

recent calls is not viable, as such a proposal would permit your client to unilaterally limit the 

scope of discovery to a recent period for claims that extend back several years. 

That said, in order to expedite resolution of this matter without need for motions practice, 

Complaint Counsel will accept the Quality Assurance Recordings as a sufficient production in 

response to Request for Production 14 if: 

1. HomeAdvisor, Inc. represents that the Quality Assurance Recordings consist of all extant 

recorded calls from its internal Quality Assurance process from the period of May 1, 

2019 through October 31, 2019 for which quality assurance forms exist (i.e., the search 

parameters would identify all such calls and no calls from this population have been 

withheld); 

2. HomeAdvisor, Inc. represents that no retention or deletion policy or procedures have 

resulted in any particular category of recorded call being omitted from the Quality 

Assurance Recordings (e.g., calls resulting in termination); and 

3. HomeAdvisor, Inc. stipulates that the Quality Assurance Recordings are representative of 

all sales calls from the period of May 1, 2019 through October 31, 2019. 

We ask that you either 1) agree to the above three conditions and commit to producing 

the Quality Assurance Recordings as well as associated documents responsive to Requests for 

Production 15 and 16 by August 5, 2022, or 2) you commit to producing by August 5, 2022, all 

recordings from the relevant period regardless of whether associated quality assurance forms 

exist. Please provide us with your final position by August 2, 2022, so that we can determine 

whether a motion to compel is necessary. 

First Set of Interrogatories. As we discussed on the call, we understand that 

HomeAdvisor, Inc. intends to produce additional data responsive to Interrogatory No. 1 by 

August 5, 2022. At the time of that production, we understand HomeAdvisor, Inc. intends to 

identify with a chart the tables which are explicitly responsive to each interrogatory and subpart. 

Pursuant to Rule of Practice 3.35(c), we request that you ensure that this chart indicates with 

specificity where within (such as which column(s) and/or row(s)) each identified table the 

responsive information can be found, as our position is that, because the data has been produced 

according to HomeAdvisor, Inc.’s internal taxonomy rather than rendered for general 

consumption, failure to provide sufficient information to decipher the data you have produced 

will impose substantially greater burden on Complaint Counsel in deriving or ascertaining the 

answers to Interrogatories. 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 29 of 44 | PUBLICPUBLIC

 

 

If you have additional questions regarding the substance or manner of these productions, 

please let us know. We are available if needed for a further meet and confer next week. 

Otherwise, we look forward to receiving your response by August 2, 2022, and the productions 

outlined above by August 5, 2022. 

Sincerely, 

s/ Colin D. A. MacDonald 

Colin D. A. MacDonald 

Cc: All Counsel of Record (by email) 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 30 of 44 | PUBLICPUBLIC

EXHIBIT C 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 31 of 44 | PUBLICPUBLIC

From: Neil Phillips 

To: Calderon, Sophie; MacDonald, Colin; Roos, Breena; Howe, Beth 

Cc: JenniferBarrett-contact; Kyra Simon; George Phillips; Kathryn Bonacorsi; Tyler Stapleton; Todd Riegler 

Subject: HomeAdvisor Production Volumes 56-59 / Docket No. 9407 

Date: Sunday, August 7, 2022 8:11:41 PM 

Attachments: 8.7.22- FTC Privilege Log (Withheld & Redaction).XLSX 

8.7.22 - HomeAdvisor"s Amended Responses to First Set of RFPs.pdf 

Counsel, 

The FTP below contains four production volumes—including approximately 4,700 QA audio 

recordings and accompanying materials—the details of which are below. Also attached is 

HomeAdvisor’s most recent privilege log, as well as our amended responses and objections to 

Complaint Counsel’s first set of document requests. 

Volume: HOMEADVISOR_FTC059 

Bates Range: HOMEADVISOR_FTC0138544 - HOMEADVISOR_FTC0144209 

Total Documents: 5,448 

Total Images: 5,666 

Volume: HOMEADVISOR_FTC058 

Bates Range: HOMEADVISOR_FTC0137313 - HOMEADVISOR_FTC0138543 

Total Documents: 334 

Total Images: 1,231 

Volume: HOMEADVISOR_FTC057 

Bates Range: HOMEADVISOR_FTC0129554 - HOMEADVISOR_FTC0137312 

Total Documents: 7,322 

Total Images: 7,759 

Volume: HOMEADVISOR_FTC056 

Bates Range: HOMEADVISOR_FTC0127728 - HOMEADVISOR_FTC0129553 

Total Documents: 713 

Total Images: 1,826 

Click here to download the file(s) listed below 

HOMEADVISOR_FTC056.zip 2.70 GB 

HOMEADVISOR_FTC057.zip 7.91 GB 

HOMEADVISOR_FTC058.zip 457.99 MB 

HOMEADVISOR_FTC059.zip 6.70 GB 

If the link above does not open, please copy and paste the following URL into your browser: 

https://sendfile.quinnemanuel.com?p=aa13ceee-ae12-47ce-8bf3-bbe1ca7b4228 

Regards, 

Neil 

Neil Phillips 

Associate

Quinn Emanuel Urquhart & Sullivan, LLP 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 32 of 44 | PUBLICPUBLIC

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

212-849-7651 Direct 

212-849-7000 Main Office Number 

212-849-7100 FAX 

neilphillips@quinnemanuel.com 

www.quinnemanuel.com 

NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) 

named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If 

the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby 

notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is 

strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original 

message. 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 33 of 44 | PUBLICPUBLIC

EXHIBIT D 
From: Neil Phillips 

To: Calderon, Sophie; Roos, Breena; MacDonald, Colin; Howe, Beth 

Cc: JenniferBarrett-contact; Kathryn Bonacorsi; George Phillips; Kyra Simon; Tyler Stapleton 

Subject: HomeAdvisor - Docket No. 9407 / Sales Audio Files 

Date: Tuesday, August 30, 2022 5:05:02 PM 

Counsel, 

In accordance with Chief Judge Chappell’s August 16, 2022 order, HomeAdvisor has retrieved the 

requested archived sales audio recordings from May 1, 2019 through October 31, 2019. As 

previously explained, these files were retained in HomeAdvisor’s now-legacy audio recording 

database, VPI, and in approximately October 2021 were moved into archival storage on full virtual 

machine backups within the Amazon Web Services Glacier database. In order to successfully restore 

the audio, the files first needed to be extracted from Glacier and imported back into the VPI 

database where they originally were stored in their proprietary VP2 file format and through which 

they are capable of being accessed. 

In light of the above, we have created a virtual VPI machine for the FTC within which it can view, 

listen to, and download files as needed in .WAV or VP2 format. This virtual machine contains an 

instance of VPI that currently houses the requested sales call recordings, along with other data 

associated with those recordings, including the representative’s name, date, and the length of the 

call. 

To access the virtual machine: 

Navigate to vpn.angi.com. 

Login with the following credentials: 

User: 

Password: 

Set up multi-factor authentication as prompted following login. 

Once connected, click on the VPI icon on the desktop and again login with the credentials above. 

Please note that because you will be logging into the legacy VPI database, the VPI interface will show 

icons for all of the audio recordings previously housed in VPI that took place during the requested 

time period, including both customer care and sales calls. However, only responsive sales call audio 

files have been re-populated into VPI. Thus, while the records for non-responsive calls will still 

populate in the database, they will have no associated audio. As stated above, you will be able to 

sort by date and listen to the sales call audio files directly within VPI. However, should you wish to 

export files from the database, you may access the export function from the “actions” menu. 

Regards, 

Neil 

Neil Phillips 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 34 of 44 | PUBLICPUBLIC

 

 

• 

• 

• 

• 

• -
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 35 of 44 | PUBLICPUBLIC

Associate

Quinn Emanuel Urquhart & Sullivan, LLP 

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

212-849-7651 Direct 

212-849-7000 Main Office Number 

212-849-7100 FAX 

neilphillips@quinnemanuel.com 

www.quinnemanuel.com 

NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) 

named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If 

the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby 

notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is 

strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original 

message. 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 36 of 44 | PUBLICPUBLIC

EXHIBIT E 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 37 of 44 | PUBLICPUBLIC

9/14/22, 9:53 AM 

From: 

Sent: 

To: 

Cc: 

Subject: 

Neil, 

RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 

Calderon, Sophie 

Thursday, September 1, 2022 12:23 PM 

Neil Phillips; Roos, Breena; MacDonald, Colin; Howe, Beth 

JenniferBarrett-contact; Kathryn Bonacorsi; George Phillips; Kyra 

Simon; Tyler Stapleton 

RE: HomeAdvisor - Docket No. 9407 / Sales Audio Files 

We were able to get past the two-factor login authentication but cannot access the VPN without 

downloading additional software (screenshot below). The required software has not been previously 

vetted and approved by our agency, which means that Complaint Counsel is barred from downloading 

that software absent special approval by the appropriate technology office. Furthermore, we have 

been informed that, due to federal government data security measures, the internal process of 

receiving approval to download this software to our devices, to the extent we receive it at all, can be 

quite delayed. While we are working to begin that approval process, please let us know when you are 

available today or tomorrow to discuss alternatives to how your client can make the ordered 

production so that Complaint Counsel can access the recordings immediately. 

In the meantime, we view Respondent as currently in violation of the ALJ's August 16, 2022 order to 

produce documents responsive to RFP 14 within 14 days, given that Respondent did not produce the 

documents in the manner requested in the original Requests for Production (and indeed, the manner 

in which previous sales calls have been produced), nor did it seek Complaint Counsel's agreement 

regarding a new method of production in advance of the production deadline. 

Best, 

Sophie 

file:/1/C:/Users/bhalpernmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 1/7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 38 of 44 | PUBLIC

9/14/22, 9:53 AM RE HomeAdvisor - Docket No. 9407 Sales Audio Files.him 

PUBLIC

VPN Portal 

Download \Vindows 32 bit GlobalProtect agent 

Download \\"indows 64 bit GlobalProtect agent 

Download :\lac 32/64 bit GlobalProtect agent 

\\"indows 32 bit OS needs to download and 

install \\"indows 32 bit GlobalProtect agent. 

\\"indows 64 bit OS needs to download and 

install \Yindows 64 bit GlobalProtect agent. 

Mac OS needs to download and install :\lac 

32/64 bit GlobalProtect agent. 

From: Neil Phillips <nei lphillips@quinnemanuel.com> 

Sent: Thursday, September 1, 2022 8:44 AM 

To: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin 

<cmacdonald@ftc.gov>; Howe, Beth <mhowe@ftc.gov> 

Cc: JenniferBarrett-contact <jenniferbarrett@quinnemanuel.com>; Kathryn Bonacorsi 

<kathrynbonacorsi@quinnemanuel.com>; George Phillips <georgephillips@quinnemanuel.com>; Kyra 

Simon <kyrasimon@quinnemanuel.com>; Tyler Stapleton <tylerstapleton@quinnemanuel.com> 

Subject: RE: HomeAdvisor - Docket No. 9407 / Sales Audio Files 

Sophie, 

HomeAdvisor's technical team is concerned that removing the two-factor login authentication would 

expose the recordings and any PII or other sensitive service provider information they contain to an 

unnecessary security risk. Multi-factor authentication is a standard method of accessing secure data, 

and one HomeAdvisor insists that its employees utilize (just as we do at Quinn Emanuel to log into our 

servers). What technology does the FTC typically use to handle two-factor authentication? If helpful, 

we can convene a Zoom with HomeAdvisor's technical team to walk you through the login process 

and any potential workaround that may exist. 

Regards, 

Neil 

From: Neil Phillips 

Sent: Wednesday, August 31, 2022 4:41 PM 

file:/1/C:/Users/bhalpemmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.him 2/7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 39 of 44 | PUBLICPUBLIC

9/14/22, 9:53 AM RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 

To: Calderon, Sophie <scalderon@ftc.gov>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin 

<cmacdonald@ftc.gov>; Howe, Beth <mhowe@ftc.gov> 

Cc: Jennifer Barrett <jenniferbarrett@quinnemanuel.com>; Kathryn Bonacorsi 

<kathrynbonacorsi@quinnemanuel.com>; George Phillips <georgephillips@quinnemanuel.com>; Kyra 

Simon <kyrasimon@quinnemanuel.com>; Tyler Stapleton <tylerstapleton@quinnemanuel.com> 

Subject: RE: HomeAdvisor - Docket No. 9407 / Sales Audio Files 

Sophie, 

We are reviewing this issue now with HomeAdvisor's technical personnel to provide Complaint 

Counsel with access to the VPI database as soon as possible given that you cannot download the twofactor authentication security software. To be clear, however, we have complied with Judge Chappell's 

order and produced the requested audio files yesterday as stored in their ordinary course within the 

VPI database that created and housed the files in their proprietary VPI VP2 file format prior to 

archiving. We will provide you with an update on the access process promptly. 

Regards, 

Neil 

From: Calderon, Sophie <scalderon@ftc.gov> 

Sent: Wednesday, August 31, 2022 3:28 PM 

To: Neil Phillips <neilRhilli~_guinnemanuel.com>; Roos, Breena <broos@ftc.gov>; MacDonald, Colin 

<cmacdonald@ftc.gov>; Howe, Beth <mhowe@ftc.gov> 

Cc: Jennifer Barrett <jenniferbarrett@guinnemanuel.com>; Kathryn Bonacorsi 

<kathrv.nbonacorsi@quinnemanuel.com>; George Phillips <georggRhilli~_guinnemanuel.com>; Kyra 

Simon <.!s.v.rasimon@guinnemanuel.com>; Tyler Stapleton <!v.lerstaRleton@guinnemanuel.com> 

Subject: RE: HomeAdvisor - Docket No. 9407 / Sales Audio Files 

[EXTERNAL EMAIL from scalderon@ftc.gov] 

Neil, 

We cannot access the virtual VPI machine (I've provided screenshots below of what we see -we 

cannot download the app to our mobile devices). Please immediately produce the responsive calls, as 

ordered by Judge Chappell. 

Best, 

Sophie 

file:/1/C:/Users/bhalpernmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 3/7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 40 of 44 | PUBLICPUBLIC

9/14/22, 9:53 AM RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 

file:/1/C:/Users/bhalpernmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 4/7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 41 of 44 | PUBLIC

9/14/22, 9:53 AM RE HomeAdvisor - Docket No. 9407 Sales Audio Files.him 

PUBLIC

ng1• 

Set up multifactor authentication 

Your company requires multifactor 

authentication to add an additional layer of 

security when signing in to your Okta account 

Setup required 

G Okta Verify 

Use a push notification sent to the 

mobileapp. 

SMS Authentication 

Configure factor 

Jlngi 

file:/1/C:/Users/bhalpemmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.him 5/7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 42 of 44 | PUBLIC

9/14/22, 9:53 AM RE HomeAdvisor - Docket No. 9407 Sales Audio Files.him 

PUBLIC

Setup Okta Verify 

Select your device type 

@ iPhone 

0 Android 

G Download Okta Verify from the App 

Store onto your mobile dev ce 

Back to factor fist 

From: Neil Phillips <neilP.hilli~_guinnemanuel.com> 

Sent: Tuesday, August 30, 2022 5:05 PM 

To: Calderon, Sophie <scalderon@ftc.gru!_>; Roos, Breena <broos@ftc.gru!_>; MacDonald, Colin 

<cmacdonald@ftc.gov>; Howe, Beth <mhowe@ftc.gov> 

Cc: JenniferBarrett-contact <jenniferbarrett@_guinnemanuel.com>; Kathryn Bonacorsi 

<kathrv.nbonacorsi@!,luinnemanuel.com>; George Phillips <georggP.hilli~_guinnemanuel.com>; Kyra 

Simon <kv.rasimon@._guinnemanuel.com>; Tyler Stapleton <!YJersliP.leton@guinnemanuel.com> 

Subject: HomeAdvisor - Docket No. 9407 / Sales Audio Files 

Counsel, 

In accordance with Chief Judge Chappell's August 16, 2022 order, HomeAdvisor has retrieved the 

requested archived sales audio recordings from May 1, 2019 through October 31, 2019. As previously 

explained, these files were retained in HomeAdvisor's now-legacy audio recording database, VPI, and 

in approximately October 2021 were moved into archival storage on full virtual machine backups 

within the Amazon Web Services Glacier database. In order to successfully restore the audio, the files 

first needed to be extracted from Glacier and imported back into the VPI database where t hey 

file:/1/C:/Users/bhalpemmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.him 6/7 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 43 of 44 | PUBLICPUBLIC

9/14/22, 9:53 AM RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 

originally were stored in their proprietary VP2 file format and through which they are capable of being 

accessed. 

In light of the above, we have created a virtual VPI machine for the FTC within which it can view, listen 

to, and download files as needed in .WAV or VP2 format. This virtual machine contains an instance of 

VPI that currently houses the requested sales call recordings, along with other data associated with 

those recordings, including the representative's name, date, and the length of the call. 

To access the virtual machine: 

• Navigate to vpn.angi.com. 

• Login with the following credentials: 

• User: 

• Set up multi-factor authentication as prompted following login. 

Once connected, click on the VPI icon on the desktop and again login with the credentials above. 

Please note that because you will be logging into the legacy VPI database, the VPI interface will show 

icons for all of the audio recordings previously housed in VPI that took place during the requested 

time period, including both customer care and sales calls. However, onlv. responsive sales call audio 

files have been re-populated into VPI. Thus, while the records for non-responsive calls will still 

populate in the database, they will have no associated audio. As stated above, you will be able to sort 

by date and listen to the sales call audio files directly within VPI. However, should you wish to export 

files from the database, you may access the export function from the "actions" menu. 

Regards, 

Neil 

Neil Phillips 

Associate 

Quinn Emanuel Urquhart & Sullivan, LLP 

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

212-849-7651 Direct 

212-849-7000 Main Office Number 

212-849-7100 FAX 

neilRhilliRs@.guinnemanuel.com 

www.guinnemanuel.com 

NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) 

named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If 

the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby 

notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is 

strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original 

message. 

file:/1/C:/Users/bhalpernmeekin/Desktop/RE HomeAdvisor - Docket No. 9407 Sales Audio Files.htm 717 
CERTIFICATE OF SERVICE 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/14/2022 | DOCUMENT NO. 605597 | Page 44 of 44 | PUBLICPUBLIC

 

 

I hereby certify that on September 14, 2022, I filed the foregoing document electronically 

using the FTC’s E-Filing system, which will send notification of such filing to: 

April Tabor 

Office of the Secretary 

Federal Trade Commission 

Constitution Center 

400 Seventh Street, SW, Suite 5610 

Washington, D.C. 20024 

ElectronicFilings@ftc.gov 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 

I further certify that on September 14, 2022, I caused the foregoing document to be 

served via email to: 

William A. Burck 

Dawn Y. Yamane Hewett 

Kyra R. Simon 

Quinn Emanuel Urquhart & Sullivan, LLP 

1300 I Street NW, 9th Floor 

Washington, DC 20005 

(202) 538-8000 

williamburck@quinnemanuel.com 

dawnhewett@quinnemanuel.com 

kyrasimon@quinnemanuel.com 

Counsel for Respondent HomeAdvisor, Inc. 

Dated: September 14, 2022 

Stephen R. Neuwirth 

Jennifer J. Barrett 

Neil T. Phillips 

George T. Phillips 

Jared Ruocco 

Kathryn D. Bonacorsi 

Quinn Emanuel Urquhart & Sullivan, LLP 

51 Madison Avenue, 22nd Floor 

New York, NY 10010 

(212) 849-7000 

stephenneuwirth@quinnemanuel.com 

jenniferbarrett@quinnemanuel.com 

neilphillips@quinnemanuel.com 

georgephillips@quinnemanuel.com 

jaredruocco@quinnemanuel.com 

kathrynbonacorsi@quinnemanuel.com 

By: s/ Sophia H. Calderón 

Sophia H. Calderón 

Counsel Supporting the Complaint