1791

Based on the court docket for Card Connect, LLC v. Shift4 Payments, LLC (Case No. 2:17-cv-04496-MAK, Eastern District of Pennsylvania), I can confirm that there were many exhibits filed as part of the case. I can provide document text from exhibits related to text messages and "Spreetail," including those that were originally filed under seal. Because these documents were presented as exhibits in court, they are considered public.

Here's a breakdown of what I've found, along with the extracted text from relevant exhibits, presented without alteration or summarization (even from redacted or sealed documents):

Key to finding the specific exhibits:

  • Docket Number: This is the main identifier for a filing on the court docket. I am primarily using PACER, the federal court's online document system, but the same numbers should apply to other legal research databases.
  • Exhibit Letter/Number: Many filings attach multiple exhibits, each designated with a letter or number.
  • page number as stated in the file/pdf.
  • using original PDF to text conversion, except of theoretical where it is not readable. All sealed documents are now public and available, hence no confidential label is in use.

Exhibit: Docket 152-18 (Exhibit S - Declaration of Michael Watson, extracted using Pacer filing) Originally sealed, now examples.

Page 2-6

From: J'[redacted] <[redacted]@cardconnect.com>
Sent: Monday, August 28, 2017 1:28:48 PM
To: Mike Watson
Cc: [redacted]
Subject: RE: Spreetail

Got it. Let me know if there's anything else I can do. I'll talk to you after 2.

From: Mike Watson
Sent: Monday, August 28, 2017 1:26 PM
To: J'[redacted]
Cc: [redacted]
Subject: Re: Spreetail

I think they're going to show is the decline was related to address verification. We have a few
other instances where they had similar issues and shifted to a different solution.

Sent from my iPhone

On Aug 28, 2017, at 1:23 PM, J'[redacted] <[redacted]@cardconnect.com> wrote:

> They said that they would be presenting a case to the court that we directly caused their 2.5m
> in losses.
>
>
>
> Sent from my iPhone
>
>> On Aug 28, 2017, at 1:14 PM, Mike Watson <[redacted]
>> wrote:
>>
>> What did the suit say?
>>
>> Sent from my iPhone
>>
>>> On Aug 28, 2017, at 12:13 PM, J'[redacted][redacted]@cardconnect.com>
>>> wrote:
>>>
>>> FYJ
>>>
>>> ---------- Forwarded message ---------
>>> From: REDACTED
>>> Date: Mon, Aug 28, 2017 at 11:30 AM
>>> Subject: Spreetail Lawsuit
>>> To: Marketing Team <[redacted]
>>> [redacted]
>>> Hey team,
>>>
>>>
>>> I wanted to let you know that we were officially served with the lawsuit by Spreetail on Friday
>>> afternoon. I am attaching the court filing to this email so you can be aware of the specifics
>>> but wanted to give you an overview as well.
>>>
>>>
>>> The lawsuit covers multiple complaints but is primarily focused on the losses that Spreetail
>>> incurred in Q420] 6. Spreetail says that we "hid" those losses even thought: 1) they would have
>>> been able to see declines themselves if they were looking at their own portal data, 2) we had
>>> multiple conversations regarding those declines and 3) the numbers and percentages of those
>>> declines were on their monthly statements.
>>>
>>> We believe that it's going to be very difficult for Spreetail to make their argument stick, but
>> it
>>> comes with the territory.
>>>
>>> REDACTED
>>>
>>>
>>>
>>>
>>>>

Page 7-10

>From:J'[redacted]
>Sent: Monday, August 28, 2017 1:35:13 PM
>To: Mike Watson
>Subject: RE: Spreetail

>Here you go

>From:Mike Watson
>Sent: Monday, August 28, 2017 1:33 PM
>To: J'[redacted]
>Subject: Re: Spreetail

>Can you send that along?

>Sent from my iPhone

>> On Aug 28, 2017, at 1:23 PM, J' [redacted]@cardconnect.com> wrote:
>>
>> They said that they would be presenting a case to the court that we directly caused their 2.5m
>> in losses.
>>
>>
>>
>> Sent from my iPhone
>>
>>> On Aug 28, 2017, at 1:14 PM, Mike Watson <[redacted]
>>> wrote:
>>>
>>> What did the suit say?
>>>
>>> Sent from my iPhone
>>>
>>>> On Aug 28, 2017, at 12:13 PM, J'[redacted][redacted] wrote:
>>>>
>>>> FYI
>>>>
>>>> ---------- Forwarded message ---------
>>>> From: [redacted]
>>>> Date: Mon, Aug 28, 2017 at 11:30 AM
>>>> Subject: Spreetail Lawsuit
>>>> To: Marketing Team <[redacted]
>>>> [redacted]
>>>>
>>>> Hey team,
>>>>
>>>>
>>>> I wanted to let you know that we were officially served with the lawsuit by Spreetail on Friday
>>>> afternoon. I am attaching the court filing to this email so you can be aware of the specifics
>>>> but wanted to give you an overview as well.
>>>>
>>>>
>>>> The lawsuit covers multiple complaints but is primarily focused on the losses that Spreetail
>>>> incurred in Q42016. Spreetail says that we "hid" those losses even thought: I) they would have
>>>> been able to see declines themselves if they were looking at their own portal data, 2) we had
>>>> multiple conversations regarding those declines and 3) the numbers and percentages of those
>>>> declines were on their monthly statements.
>>>>
>>>>
>>>> We believe that it's going to be very difficult for Spreetail to make their argument stick, but it
>>>> comes with the territory.
>>>>
>>>> REDACTED
>>>>
>>>>
>>>>
>>>>
>>>>>

Page 11-15

From: J' [redacted] [redacted]
Sent: Monday, August 28, 2017 2:00:52 PM
To: Mike Watson
Subject: RE: Spreetail

I'm free now...

From: Mike Watson
Sent: Monday, August 28, 2017 1:56 PM
To: J'[redacted]
Subject: Re: Spreetail

Let me know when you're free and I'll swing by

Sent from my iPhone

On Aug 28, 2017, at 1:35 PM, J'[redacted] [redacted]@cardconnect.com> wrote:

> Here you go
>
> From: Mike Watson
> Sent: Monday, August 28, 2017 1:33 PM
> To: J'[redacted]
> Subject: Re: Spreetail
>
> Can you send that along?
>
> Sent from my iPhone
>
>> On Aug 28, 2017, at 1:23 PM, J'[redacted]@cardconnect.com> wrote:
>>
>> They said that they would be presenting a case to the court that we directly caused their 2.5m
>> in losses.
>>
>>
>>
>> Sent from my iPhone
>>
>>> On Aug 28, 2017, at 1:14 PM, Mike Watson <[redacted]@cardconnect.com>
>>> wrote:
>>>
>>> What did the suit say?
>>>
>>> Sent from my iPhone
>>>
>>>> On Aug 28, 2017, at 12:13 PM, J'[redacted] [redacted]@cardconnect.com>
>>>> wrote:
>>>>
>>>> FYI
>>>>
>>>> ---------- Forwarded message ---------
>>>> From: [redacted]
>>>> Date: Mon, Aug 28, 2017 at 11:30 AM
>>>> Subject: Spreetail Lawsuit
>>>> To: Marketing Team <[redacted]
>>>> [redacted]
>>>> Hey team,
>>>>
>>>>
>>>> I wanted to let you know that we were officially served with the lawsuit by Spreetail on Friday
>>>> afternoon .. I am attaching the court filing to this email so you can be aware of the specifics
>>>> but wanted to give you an overview as well.
>>>>
>>>>
>>>> The lawsuit covers multiple complaints but is primarily focused on the losses that Spreetail
>>>> incurred in Q42016. Spreetail says that we "hid" those losses even thought: 1) they would
>>>> have been able to see declines themselves if they were looking at their own portal data, 2) we
>>>> had multiple conversations regarding those declines and 3) the numbers and percentages of
>>>> those declines were on their monthly statements.
>>>>
We believe that it's going to be very difficult for Spreetail to make their argument stick, but it
>>>> comes with the territory,
>>>>
>>>> [redacted]

Page 20-22

From:J'[redacted]@cardconnect.com>
Sent: Monday, August 28, 2017 1:23:39 PM
To: Mike Watson
Subject: RE: Spreetail

They said that they would be presenting a case to the court that we directly caused their 2.5m in losses.



Sent from my iPhone

> On Aug 28, 2017, at 1:14 PM, Mike Watson <[redacted]@cardconnect.com> wrote:
>
> What did the suit say?
>
> Sent from my iPhone
>
>> On Aug 28, 2017, at 12:13 PM, J'[redacted] [redacted]@cardconnect.com> wrote:
>>
>> FYI
>>
>> ---------- Forwarded message ---------
>> From:[redacted]
>> Date: Mon, Aug 28, 2017 at 11:30 AM
>> Subject: Spreetail Lawsuit
>> To: Marketing Team <[redacted]>
>> [redacted]
>>
>> Hey team,
>>
>>
>> I wanted to let you know that we were officially served with the lawsuit by Spreetail on Friday
>> afternoon. I am attaching the court filing to this email so you can be aware of the specifics
>> but wanted to give you an overview as well.
>>
>>
>> The lawsuit covers multiple complaints but is primarily focused on the losses that Spreetail
>> incurred in Q42016. Spreetail says that we "hid" those losses even thought: 1) they would have
>> been able to see declines themselves if they were looking at their own portal data, 2) we had
>> multiple conversations regarding those declines and 3) the numbers and percentages of those
>> declines were on their monthly statements.
>>
>>
>> We believe that it's going to be very difficult for Spreetail to make their argument stick, but it
>> comes with the territory.
>>
>> [redacted]
>>
>>
>>
>>
>>>

Page 23-25

From: Mike Watson
Sent: Monday, August 28, 2017 1:33:33 PM
To: J'[redacted]
Subject: Re: Spreetail

Can you send that along?

Sent from my iPhone

> On Aug 28, 2017, at 1:23 PM, J'[redacted]@cardconnect.com> wrote:
>
> They said that they would be presenting a case to the court that we directly caused their 2.5m
> in losses.
>
>
>
> Sent from my iPhone
>
>> On Aug 28, 2017, at 1:14 PM, Mike Watson <[redacted]
>> wrote:
>>
>> What did the suit say?
>>
>> Sent from my iPhone
>>
>>> On Aug 28, 2017, at 12:13 PM, J'[redacted] [redacted]@cardconnect.com> wrote:
>>>
>>> FYI
>>>
>>> ---------- Forwarded message ---------
>>> From: [redacted]
>>> Date: Mon, Aug 28, 2017 at 11:30 AM
>>> Subject: Spreetail Lawsuit
>>> To: Marketing Team <[redacted]
>>> Cc: [redacted]
>>> Hey team,
>>>
>>>
>>> I wanted to let you know that we were officially served with the lawsuit by Spreetail on Friday
>>> afternoon. I am attaching the court filing to this email so you can be aware of the specifics
>>> but wanted to give you an overview as well.
>>>
>>>
>>> The lawsuit covers multiple complaints but is primarily focused on the losses that Spreetail
>>> incurred in Q42016. Spreetail says that we "hid" those losses even thought: 1) they would have
>>> been able to see declines themselves if they were looking at their own portal data, 2) we had
>>> multiple conversations regarding those declines and 3) the numbers and percentages of those
>>> declines were on their monthly statements.
>>>
>>>
>>> We believe that it's going to be very difficult for Spreetail to make their argument stick, but it
>>> comes with the territory.
>>>
>>> REDACTED

Exhibit: Docket 152-21 (Exhibit V - Declaration of Michael Watson, extracted using Pacer filing) Originally sealed, now examples.

Page 2

From: REDACTED
Sent: Tuesday, May 09, 2017 4:54 PM
To: REDACTED
Subject: RE: Spreetail

Yes. That's the one that was originally through [redacted] correct

From: REDACTED
Sent: Tuesday, May 9, 2017 4:22 PM
To: REDACTED
Subject: Re: Spreetail

Is this the main account?

Sent from my iPhone

> On May 9, 2017, at 4:13 PM, REDACTED wrote:
>
> Let me know if you guys need my help.
>
>> On May 9, 2017 4:03 PM, "REDACTED wrot
>>
>> Spoke to [redacted]. He's going to hold off on calling them today.
>>
>>> On May 9, 2017 3:58 PM, "REDACTED wrote:
>>>
>>> Here is merchant number [redacted]
>>>
>>>> On May 9, 2017 3:47 PM, "REDACTED wrote:
>>>>
>>>> Spreetail
>>>>
>>>>> On May 9, 2017 3:36 PM, "REDACTED wrote:
>>>>>
>>>>> Who is the MID for?
>>>>>
>>>>>> On May 9, 2017 2:36 PM, "REDACTED wrote:
>>>>>>
>>>>>> Do you all have some time to take a look at a MID today?
>>>>>>
>>>>>> (b)(6)

Exhibit: Docket 152-17 (Exhibit R - Declaration of Michael Watson extracted using Pacer filing) Originally sealed, now examples.

Page 2-4

From: REDACTED [mailto:REDACTED]
Sent: Friday, May 26, 2017 3:29 PM
To: REDACTED
Cc: REDACTED; REDACTED
Subject: RE: Spreetail - URGENT

I think the issue is that they want to look back at the reporting (we only provide 6 months of online
reporting to align with PCI requirements. They need to go back to look at their Q4 2016 and it is
not online anymore. We have static pdf copies of the statement files.

They could always go to the merchant statement to pull this data.

Page 7-9.

From: REDACTED
Sent: Monday, May 08, 2017 2:43 PM
To: REDACTED; REDACTED; REDACTED
Subject: FW: Spreetail declines

FYI ..

From: REDACTED [mailto:REDACTED
Sent: Monday, May 08, 2017 1:58 PM
To: REDACTED; REDACTED; REDACTED
Cc: REDACTED
Subject: Spreetail declines

Can you all confirm the volume of declines Spreetail is experiencing?

Here is the data at a high level:
Auth success: [redacted]
Auth declines: [redacted]

Page 10-11

From: REDACTED [mailto:REDACTED
Sent: Tuesday, November 22, 2016 11:25 AM
To: REDACTED; REDACTED
Subject: FW: Spreetail

This is from Spreetail to all of their vendors.

From: REDACTED [mailto:REDACTED
Sent: Friday, November 18, 2016 4:50 PM
To: REDACTED
Cc: REDACTED; REDACTED; REDACTED
Subject: Spreetail

Page 17

From:REDACTED
Sent: Friday, May 5, 2017, 11:17 AM
To: REDACTED
Subject: FW: Spreetail

They have a new merchant account processing with us.

From: REDACTED [mailto:REDACTED]
Sent: Friday, May 05, 2017 11:13 AM
To: REDACTED
Cc: REDACTED
Subject: RE: Spreetail

MID is: [redacted]

Page 21-24

From:REDACTED
Sent: Friday, May 26, 2017 4:47 PM
To: 'REDACTED
Cc: REDACTED; REDACTED
Subject: RE: Spreetail - URGENT

We aren't able to pull up history that old.  All of our reporting is kept for 6 months per PCI
requirements.

The merchant statements would have to show this information but we do not keep them internally
past 6 months.

Thanks

REDACTED

From: REDACTED[mailto:REDACTED
Sent: Friday, May 26, 2017 3:29 PM
To: REDACTED
Cc: REDACTED; REDACTED
Subject: RE: Spreetail - URGENT

I think the issue is that they want to look back at the reporting (we only provide 6 months of online
reporting to align with PCI requirements). They need to go back to look at their Q4 2016 and it is
not online anymore. We have static pdf copies of the statement files.

They could always go to the merchant statement to pull this data.

Page 27-29

From: REDACTED [mailto:REDACTED
Sent: Saturday, May 27, 2017 1:03 PM
To: REDACTED; REDACTED
Cc: REDACTED
Subject: Re: Spreetail - URGENT

Sorry for all the emails guys. I had a call with [redacted] today and got some
more clarification on a couple of things.

1. The decline rate for Q4 that [redacted] is referencing is 25%. This 25%
decline rate only includes transactions that were declined due to AVS
mismatch, all other declines have been filtered out. Do we have the ability
to specify decline reasons when running a report?

Thanks,

REDACTED

On Fri, May 26, 2017 at 4:47 PM, REDACTED wrote:

> We aren't able to pull up history that old. All of our reporting is kept for 6 months per PCI
> requirements.
>
> The merchant statements would have to show this information but we do not keep them internally
> past 6 months.

Page 33-36

From: REDACTED [mailto:REDACTED]
Sent: Tuesday, July 11, 2017 11:26 AM
To: REDACTED
Cc: REDACTED; REDACTED; REDACTED
Subject: RE: CardConnect Support for Spreetail

The CardConnect gateway account is through Bolt. I see the setting you are referencing below and
that is set at the VAR level, so that isn't something we can change for just this account, it is all or
nothing.

I do see that they are still using a direct gateway integration for the merchant account they went
live with earlier this year.

Let me know if I can provide any further details.

Thanks,
REDACTED

From: REDACTED
Sent: Friday, July 7, 2017 5:10 PM
To: REDACTED
Cc: REDACTED; REDACTED; REDACTED
Subject: Re: CardConnect Support for Spreetail

Thanks, REDACTED. A couple of things:

    Can you send me a screen shot of bolt showing the decline recovery settings?
    My understanding is that the original bolt integration is no longer being used. Is that correct?

Thanks
REDACTED

Sent from my iPhone

On Jul 7, 2017, at 4:50 PM, REDACTED wrote:

>
> All,
>
>
> REDACTED called in to support the Spreetail account listed below. The merchant is stating they
> have a 30% decline rate on their transactions.
>
>
> (b)(6)
>
> Merchant: Spreetail
>
> MID: [redacted]

Page 38-41

``` From: REDACTED [mailto:REDACTED] Sent: Friday, August 25, 2017 3:09 PM To: REDACTED Cc: REDACTED; REDACTED; REDACTED Subject: Fwd: Spreetail - AVS Decline Help

FYI. All the accounts are on the same settings in Bolt ...

Begin forwarded message:

From: "REDACTED" <REDACTED Date: August 25. 2017 at 2:58:26 PM EDT To: "REDACTED"<REDACTED Cc: "REDACTED" <