Jamarquis Etheridge v AT&T


Mr. Etheridge alleges that hackers fraudulently SIM swapped his mobile number and stole 159.8 Ethereum tokens from him.

2/3/2022 Update: Magistrate Judge Andrew Edison countered request for Continuance of Initial Pretrial and Scheduling Conference. THEREFORE ORDERED that the current Initial Pretrial and Scheduling Conference set for hearing on February 16, 2022 at 9:00 a.m

01/31/2022 Update the Court GRANTED defendant AT&T motion to Reschedule Initial Pretrial and Scheduling Conference on February 16, 2022, at 9:00 a.m., and any deadline to file a Joint Discovery Plan and Case Management Plan prior to that hearing date shall be vacated pending the District Court’s ruling on AT&T pending Motion to Compel Arbitration and Stay Litigation. 

12/15/2021 Update AT&T respectfully requests that the Court compel Mr. Etheridge’s claims to arbitration and stay this case pending completion of the arbitration proceedings. 

12/08/2021 Update Defendants’ Motion denied because Plaintiff never assented to the AT&T arbitration provision at issue. Moreover, that provision is both procedurally and substantively unconscionable. For that reason, the entire provision is unenforceable.

11/24/2021 Update 1. It is ORDERED that the above-referenced lawsuit be submitted to arbitration with the American Arbitration Association. 2. The Clerk of Court is ORDERED to STAY the above-referenced lawsuit pending the outcome of the arbitration. 

10/29/21 Update The Court grants defendant AT&T time extension to respond to Plaintiff Jamarquis Etheridge's complaint.

Claims in
Jamarquis Etheridge v AT&T

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.
Breach of Contract – Privacy Policy
  1. The Information Practices Act of 1977, (California Civil Code §1798) delineates an elaborate statutory scheme specifically designed to implement the privacy amendment.
  2. Under California Civil Code §§1670, any dispute arising from a construction contract with a public agency, which contract contains a provision that one party to the contract or one party's agent or employee shall decide any disputes arising under that contract, shall be resolved by submitting the dispute to independent arbitration, if mutually agreeable, otherwise by litigation in a court of competent jurisdiction.
  3. California Civil Code §§1668 finds void against policy of law those contracts which seek to exempt a party from responsibility for their own fraud
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.

Violation of Texas Deceptive Trade Practices Act
False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 	[17.47](http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BC&Value=17.47)	, 	[17.58](http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BC&Value=17.58)	, 	[17.60](http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BC&Value=17.60)	, and 	[17.61](http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BC&Value=17.61)	 of this code.
Negligent Infliction of Emotion Distress

"Negligent infliction of emotional distress" (NEID) is a personal injury law concept that arises when one person (the defendant) acts so carelessly that he or she must compensate the injured person (the plaintiff) for resulting mental or emotional injury.


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