April, 2022
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StopSIMCrime Summit

Jamarquis Etheridge v AT&T

15/9/2021

**Mr. Etheridge claims that AT&T allowed hackers to fraudulently SIM swap his mobile number which led to hackers stealing 159.8 Ethereum tokens from him. **

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
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
Negligence

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 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 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.

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.

Cases

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