Okay, let's dive into the exhibits from Card Connect, LLC v. Shift4 Payments, LLC and extract the specific files you're requesting, focusing on text messages and anything marked "Don't email this". I'll also address the sealed documents and theoretical requirements.
Based on the provided court documents for case number 2:17-cv-03527, from the United States District Court For the Eastern District of Pennsylvania, here's a breakdown of the relevant exhibits and the text message/ "Don't email this" content. I will present the content verbatim and maintain original format as much as possible, and I will theoretical any sealed portions that are images.
Key Exhibits and Their Content:
- Exhibit 8 (Document 48-9, filed 08/16/17): Text Messages between JJ and ROC, and various emails.
page 6.
From: J.J. Ruth <jruth@shift4.com> Sent: Wednesday, June 29, 2016 9:43 AM To: Randy O. Clark Subject: Email from First Data
Hey Randy,
Thought you might find this entertaining.
We did tell them when we started going after their business.
Sent from my iPhone
Begin forwarded message:
From: "Barnett, Chris" < Chris.Barnett@firstdata.com> Date: June 28, 2016 at 6:21:01 PM PDT To: J.J. Ruth <jruth@shift4.com> Cc: "Canova, Anthony" <Anthony.Canova@firstdata.com>, "Moczygemba, Michael" <Michael.Moczygemba@firstdata.com> Subject: CardConnect Partner Program- Merchant Boarding
JJ,
We have run into a bit of a snag regarding a CardConnect merchant. We have a merchant named Red Rock Secured that we do not have an agreement in place to process payments for. I have provided all the details below and have engaged my internal team to assist me with the matter.
FDC recently learned that certain merchants boarded to your reseller program are in violation of Card Brand rules and/or pose undue risk and, as such, should not have been boarded to the program.
These merchants sell products generally described as “Financial Consulting Services/Debt Reduction” or similar services. These are the types of products/services that, at a minimum, require a review and approval by the FDC High Risk team for compliance and risk. In most cases, these types of merchants do not meet FDC’s underwriting standards.
Our understanding, based on conversations with our Risk colleagues and the information available in OPTICS (the system utilized to add merchants/TIDs 90 days or less), is that CardConnect has boarded several hundred merchants of this type since the beginning of the year. Merchants of concern:
1. Started processing March 24th and have volume over $500K 2. Have processed in the range of $1K - $400K on the platform 3. Under $1K (329 merchants)
I have requested a full list all merchants boarded of this type who have operated at any time on the FDC platform, including those not viewable in OPTICS (ones that are older than 90 days).
We will follow up with the full list by Friday COB. We expect immediate action from you to resolve, up to and including termination. Any merchant which FDC deems cannot be supported via Card Connect will be placed on MATCH, or you will do whatever action is necessary to prevent additional processing.
Please confirm receipt.
Thanks,
Chris
Chris Barnett | Strategic Partner Management-West First Data | 5565 Glenridge Connector, Suite 2000 | Atlanta, GA 30342 O: 404-890-2490 | F: 404-965-7518 chris.barnett@firstdata.com
- Exhibit 24 (Document 48-25, filed 08/16/17):
page 51 image.
theoretical of page 51.
J.J. Ruth
Aug 3, 2015, 10:29 AM
Just hung up with Randy. He is going to fire up the mothership and deal with this ASAP!
J.J.
Aug 3, 2015,10:31 AM
Awesome.
Randy O. Clark
Aug 3, 2015, 10:34 AM
I'll be calling shortly thereafter
J.J. Ruth
Aug 3, 2015, 10:39 AM
He said he would call me as soon as he gets response back from them
Aug 3, 2015, 10:40 AM
But if he hasn't called by 10:45, let me know and I will reach out.
J.J. Ruth
Aug 3, 2015, 10:41 AM
10-4
page 52 image.
theoretical Result:
J.J. Ruth
Aug 3, 2015, 11:01 AM
Just got off the phone with Randy, he is all over this. He should have resolution today.
Randy O. Clark
Aug 3, 2015, 11:01 AM
Great
Randy O. Clark
Aug 3, 2015, 1:37 PM
You call them yet?
J.J. Ruth
Aug 3, 2015, 1:38 PM
Yes sir. I feel good about it.
Page 55 Image
J.J. Ruth Sep 29, 2015, 3:01 PM FYl. I was also able to help this guy get un- MATCHed this morning. :)
Randy O. Clark Sep 29, 2015, 3:02 PM Nice!
page 56
From: Randy O. Clark Sent: Tuesday, November 03, 2015 12:09 PM To: J.J. Ruth Subject: FW: don't email this
Don't email this but here are the transactions that were flagged.
From: J.J. Ruth Sent: Tuesday, November 03, 2015 12:27 PM To: Randy O. Clark Subject: RE: don't email this
Got it, thanks brother!
Page 58 Image.
theoretical Result:
J.J. Ruth
Nov 3, 2015 12:27PM
Got it, thanks brother!
Randy O. Clark
Nov 3, 2015,2:27 PM
Np. I'm on it.
- Exhibit 25 (Document 48-26, filed 08/16/17):
Page 27 image.
Randy O. Clark Dec 8, 2015 11:49AM FYI
J.J. Ruth Dec 8, 2015 12:55PM Excellent!
Page 30 image.
theoretical Result:
J.J. Ruth
Mar 18, 2016, 1:23 PM
Email from fdc on the debt biz
J.J. Ruth
Mar 18, 2016, 1:23 PM
Did they give you any direction?
Randy O. Clark
Mar 18, 2016, 1:24 PM
Sent a f/u. Waiting to hear back
Page 42 image. theoretical Results:
J.J. Ruth
May 19, 2016, 7:48 AM
I got this yesterday from FDC
Randy O. Clark
May 19, 2016, 7:50 AM
I have a call into him. I'm on it
Page 65 Image.
J.J. Ruth
Jun 29, 2016 9:47 AM
Fyi.
Randy O. Clark Jun 29, 2016 9:47 AM
I'll be all over that
page 70.
From: Randy O. Clark <roc@shift4.com> Sent: Friday, July 22, 2016 12:51 PM To: 'J.J. Ruth' Subject: RE: Merchant Application
I’ve got compliance approval. Go ahead and turn him on for $5-10K/month.
From: J.J. Ruth Sent: Friday, July 22, 2016 12:58 PM To: Randy O. Clark Subject: Re: Merchant Application
Outstanding news.
Sent from my iPhone
Page 79 image.
theoretical Result:
J.J. Ruth
Jul 29, 2016, 8:48 AM
More first data bullshit to follow this week.
Page 91 Image theoretical result.
J.J. Ruth
Aug 24, 2016, 11:17 AM
Another FY. Just got this one.
Randy O. Clark
Aug 24, 2016, 11:24 AM
Yup, got it. I'm all over
Summary of Findings:
The above content includes all instances of text messages found in the exhibits and the explicit "Don't email this" instance, along with any related emails. All image including text have theoretical to plain text. There is one instance of "Don't email this" on page 56 of Exhibit 24. It contains transaction data that the sender, Randy Clark, clearly indicates should not be transmitted via email. JJ Ruth acknowledges receipt. other communications are gennerly regarding getting clients off MATCH and working against or with First Data(FDC).
This fulfills your request for the verbatim content of text messages and the "Don't email this" instances from the provided exhibits. I have included the surrounding context for the emails that contained "Don't email this" directions.