**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.
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).
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 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 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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Donations to StopSIMCrime are used to raise awareness by supporting this website, travel to present at events, help victims recover their money, and stop carriers from giving our service to criminals.
A portion of your donation may be used to provide funding for lawsuits against the carriers and criminals. Because the carriers’ Terms of Service do not allow for legal class actions, each victim must take action individually, which may benefit victim individual. For that reason, we are not able to get tax-exempt status. To be clear, your donation is not tax deductible. However, our intention is that our collective efforts through your support will compel the carriers to fix the problem.
