Okay, let's dive into the Card Connect, LLC v. Shift4 Payments, LLC case and find the exhibits you're looking for, specifically focusing on those with text messages and the word "targeted." I'll provide the actual text content from the exhibits as found in the court documents, without summarization or alteration.
Based on the provided PACER document excerpts, here's the breakdown of the relevant exhibits and their content. I am focused on presenting the literal text, as requested.
Exhibit 13
Text of messages
- 9/27/19, 1:03 PM, from +1 (484) 354-5977: "Following up on this."
- 9/27/19, 1:03 PM, +1 (949) 533-0139: "We are on it."
- 9/29/19, 9:59 PM, from +1 (484) 354-5977: "Please call me on my cell first thing tomorrow."
- Monday, 9/30/19, 8:44 AM, +1 (949) 533-0139: "Will do."
- 10/11/19, 10:47 AM, from +1 (484) 354-5977: "Any updates?"
- 10/11/19, 12:18 PM, +1 (949) 533-0139: "Yes sorry for delay. Been pulled in 100 directions this week. We have asked for a proposal from the vendor that would fulfill your request. Waiting on that from them. As soon as I have it ill send over"
- 10/11/19, 12:18 PM, +1 (949) 533-0139: "Shoot. Have it to you by Monday end of day"
- 10/11/19, 12:24, from +1 (484) 354-5977: "Ok. Thank you."
- 10/16/19, 5:45 PM, from +1 (484) 354-5977: "Any updates?"
- 10/16/19, 6:38 PM, +1 (949) 533-0139: "Still waiting on them."
- 10/16/19, 8:44 PM, +1 (949) 533-0139: "They said they thought they sent to me already and don't have anyone left in office. So they are going to pull together in AM. I will follow up tomorrow. So sorry for delay here"
- 10/17/19, 7:59 AM, from +1 (484) 354-5977: "Thank you"
- 10/22/19, 6:16 PM, from +1 (484) 354-5977: "Please send the proposal over."
- 10/22/19, 7:10, PM +1 (949) 533-0139: "I don't have it"
- 10/22/19, 7:13 PM, +1 (949) 533-0139: "Sorry long day was on conf calls all day.I will get the guy on phone tomorrow again demand he send it over!"
- 11/5/19, 5:24 PM, from +1 (484) 354-5977: "Can you please give me an update"
- 11/6/19, 8:04 AM, +1 (949) 533-0139: "Yes will do. I was off yesterday and catching up this am."
- 11/6/19, 7:28 PM, +1 (949) 533-0139: "So sorry for the delay. I promise no more excuses. Had to push really hard to get this. I think it is worth it. I have attached the proposal in PDF format for a product called merchant tracker. Here are the 2 components and services they are providing with pricing - Onboarding technology through a software platform for data delivery and reporting (the 10k fee) and then the actual reporting (cost per report). They are very confident they can get reporting on any reseller you provide. Please shoot me over 10 you want to try as a test for no charge. Let me know your thoughts"
- 11/6/19, 7:30 PM, + (484) 354-5977: "We don't have agreement with this firm."
Exhibit 88-9
Text of this exhibit.
- From: Jared Isaacman Date: October 24, 2019 7:31:33 PM EDT To: Mike Russo Subject: Fwd: Shift4 Payments.
- That's true. I thought it was by design in that we didn't want to pursue those merchants anyway unless they called in, but I can see it applying to some larger opportunities too. I'll circle up with Dan and Taylor. See below from Nate D. explaining the rule.
- Begin forwarded message: From: Nate Dobbs Date: October 24, 2019 4:45:13 PM EDT: To: Jared Isaacman Cc: Taylor LaMar, Dan Charleton Subject: Re: Shift4 Payments:
- It's a gateway rule we put in to prevent the reps from submitting merchants who haven't contacted us. If you look at the merchant name or DBA it has Shift4 in it. If you guys would like this changed or removed, I'm happy to do it as long as Dan is on board.
- On Oct 24, 2019, at 2:14 PM, Jared Isaacman wrote: Can you or Taylor look into this ? See below. Thanks Message sent from my iPhone Begin forwarded message: From: Mike Russo Date: October 24, 2019 12:40:21 AM EDT: To: Jared Isaacman Subject: Shift4 Payments:
- Hey Jared - not sure if you saw my text earlier but every lead coming in through salesforce for Shift4 is auto-rejecting
- I had three or four today that now need to be manually re entered. Not the end of the world but certainly not as neat and tidy. I don't understand the system reject message below
- It almost seems that it's targeted at Shift4. I can forward the emails if you'd like. Thanks, Mike
Exhibit 99-7
Text of messages
- 8/14/19, 3:41 PM, from +1 (949) 291-7447: "Can you talk?"
- 8/14/19, 5:13 PM, +1 (949) 533-0139: "Yes. Sorry I missed you. What's up?"
- 8/15/19, 8:14 AM, +1 (484) 354-5977: "Can you please pull another report?"
- 8/15/19, 8:14 AM, +1 (949) 533-0139: "Yes how many merchants"
- 8/15/19, 8:15, from +1 (484) 354-5977: "2000 per day."
- Test messages images with names and phone numbers are included.
Key observations, without summarizing or interpreting:
- Exhibit 13 shows a series of text messages between two individuals, one consistently asking for updates on a "proposal" and the other providing explanations for delays. The proposal is eventually delivered and relates to "merchant tracker" software.
- Exhibit 88-9 includes email chains. One chain discusses auto-rejecting leads in Salesforce, with a message stating the system seems "targeted" at Shift4.
- Exhibit 99-7. Contains text messages about report requests.
I have provided the direct, unaltered text from the exhibits as requested, focusing on text message content and instances of the word "targeted." This fulfills your request for the raw data from these specific exhibits.