"It was definitely something where people had to opt in to receive campaign communications," he said. "Numerous people opted in for this campaign. It was a national campaign."
Tepper, Duick's attorney, said he discussed the campaign with Toyota's attorneys earlier this year, and they said the "opting in" Harp referred to was done when Duick's friend e-mailed her a "personality test" that contained a link to an "indecipherable" written statement that Toyota used as a form of consent from Duick.
Tepper, said that during those legal negotiations, Toyota's lawyers claimed Duick signed the written legal agreement, which they said amounts to "informed written consent."
"So if [Duick] signed something, she's informed that she's signing 'A,' but in fact she's signing something else," Duick's attorney said. "It's written and it is consent, but you're not informed about the thing that you're actually signing up for? "It didn't say someone was going to be stalking my client. It was premised upon keeping my client in the dark, upon fooling her that these e-mails were real."
Harp said Toyota cannot discuss the legal aspects of the case, but marketing agencies like Saatchi & Saatchi are always thinking of new and innovative ways to attract consumers for clients like Toyota.
"They are our agency of record," he said. "We have numerous advertising and marketing campaigns that we do with them. … You see everything going on these days, so there's numerous different realms in terms of what people are looking into in terms of marketing campaigns."
Saatchi & Saatchi told the marketing magazine OMMA last year that it had developed the campaign to target men under 35 who hate advertising.
The prank campaign, Saatchi creative director Alex Flint told the magazine, should gain the appreciation from "even the most cynical, anti-advertising guy."
Harp said Saatchi & Saatchi continues to work with Toyota, but its Matrix campaign ended last year. "It's been suspended for quite some time," he said, but it had run its course. "It did follow our projected timeline."