Edward Mendez v T-Mobile


**Plaintiff Mr. Edward Mendez alleges that the T-Mobile employee who granted the hacker access had bypassed the text-message notification protocol that notifies all other members under the same account when there is a change. This T-Mobile employee's negligence cost Edward Mendez $238,924.21 in cryptocurrency and stolen identifying information. **

01/10/2022 Update Civil Case Terminated. Closing Case. 

12/06/2021 Update Defendant's MOTION to Compel Arbitration by T-Mobile USA Inc. Responses due by 12/20/2021

12/20/2021 Update RESPONSE in Opposition re 24 Defendant's MOTION to Compel an Arbitration filed by Edward Mendez.

12/27/2021 Update Defendant's REPLY to Response to Motion Reply: 24 Defendant's MOTION to Compel Arbitration of E. Mendez filed by T-Mobile USA Inc.

01/10/2022 Update The Clerk of Court got directed to administratively CLOSE this case, Signed by Chief Judge Cecilia M. Altonaga.

12/01/2021 Update Mediation Hearing set for 3/22/2022 at 10:00 am, Anthony E Torrente as Mediator.

**10/07/2021 Update ** Plaintiff Edward Mendez files a complaint against T- Mobile USA.

Claims in
Edward Mendez v T-Mobile

Negligence is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). 

Violation of The Federal Communications Act
  1. Under 47 U.S. Code § 201, every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.
  2. Under 47 U.S. Code § 222, it shall be the duty of every common carrier engaged in interstate or foreign communication by wire or radio to furnish such communication service upon reasonable request therefor; and, in accordance with the orders of the Commission, in cases where the Commission, after opportunity for hearing, finds such action necessary or desirable in the public interest, to establish physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes.
Violation of Computer Fraud and Abuse Act

In 1986, the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was introduced to combat hacking, as an update to the first federal computer fraud statute. It has been updated many times over the years, most notably in 2008, to encompass a broad range of actions well beyond its original purpose. The CFAA forbids the intentional access to a device without permission or in excess of permission, but does not specify what "without authorisation" entails. It has been a weapon perfect for violence to usage against virtually any aspect of electronic operation with harsh punishment schemes and malleable clauses.

Negligent Hiring, Retention, and Supervision

Negligent Hiring, Retention, and Supervision is a legal claim made against an employer where an employer must have known or been on notice that the employee was unfit or incompetent to perform the work for which he or she was hired or retained.

Gross Negligence

Gross negligence is more than simple carelessness or failure to act. It is willful behavior done with extreme disregard for the health and safety of others. It is conduct likely to cause foreseeable harm.


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