Viva Card


Collection action against D by Bank P, owner of the Viva Card credit service. Viva Card's computerized billing service billed D on his January statement for $75 for two tickets to an Opera Company December 18 production of Rigoletto. D denies ordering the tickets. At trial, P offers proof through the opera's business manager that the opera's ticket office contains a computer terminal connected to a data-storage system, that telephone charge orders for tickets are taken by operators in the ticket office, and that the operators enter the caller's credit-card number into the computer terminal, causing that number and the amount of the charge to be recorded on tape in the data-storage system. This tape is then sent to P, which runs it through its computer system, thereby picking up the opera's charges on its central file of account charges. Each month this central file, containing all charges at any location in that month for all card holders, is "unloaded" to create the monthly statements sent to each card holder. P offers:

(1) A printout of Opera Company's December tape;

(2) A printout of the portion of P's central file tape showing D's December account; and

(3) A copy of D's January statement produced for trial by P by causing the central file tape for December for his account to be reprinted in statement format.

How may such evidence be authenticated?

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