Kevin Frye v T-Mobile

10/8/2021

**Mr. Kevin Frye claims that T-Mobile employees allowed hackers to steal his phone number through SIM swap. Mr. Frye lost $87,000 worth of BTC from his Coinbase account apart from the $1,536 was withdrawn from his Wells Fargo account. **

01/13/2022 Update The Parties are ORDERED to submit all claims asserted in the Complaint to arbitration. The Clerk of Court is INSTRUCTED to CLOSE this case.

01/10/2022 Update T-Mobile USA, Inc.’s Motion to Compel Arbitration is GRANTED. All counts in the Complaint are referred to arbitration. This matter is STAYED to allow the parties to arbitrate Plaintiff’s claims. The Clerk of Court is directed to CLOSE this case.

12/28/2021 Update

  1. On December 23, 2021, the undersigned filed a Joint Proposed Order Scheduling Mediation ]. However, the Parties did not attach the Joint Proposed Order Scheduling Mediation to a motion, notice, or another filing, as required by Under the CM/ECF Administrative Procedures.
  2. The Clerk thereafter entered Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures.” 
  3. For the foregoing reasons, the Parties seek to strike “Joint Notice of Mediator Selection and Hearing.” 
  4. The parties filed the Notice of Mediation and Scheduling and Proposed Order in accordance with the Clerk’s notification and with CM/ECF Administrative Procedures.

11/5/21 Update Plaintiff Kevin Frye denied defendant T-Mobile's 'Motion to Compel Arbitration.

8/10/21 Update Summons In A Civil Action has been sent to the defendant T-Mobile and has 21 days to respond.

Claims in
Kevin Frye v T-Mobile
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 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.

Cases

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