April, 2022
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StopSIMCrime Summit

Betty McCants v AT&T

24/4/2020

**Ms. McCants' former life partner paid AT&T employees $300 to access her phone contacts and messages which resulted in his outrage and severely attacked Ms. McCants in her home. **

11/4/20 Update Minute entry was made by the Clerk before Honorable Franklin U. Valderrama on plaintiff's Notice of Dismissal [27] and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), this case is dismissed with prejudice, with each party to bear their own attorneys' fees and costs. Defendant's motion to dismiss [17] is terminated and a telephonic hearing set for 11/10/2020 is stricken. Civil case terminated.

Status Update as of 11/3/20 Plaintiff filed a notice of voluntary dismissal.

Status Update as of 5/4/20 Plaintiff filed an amended complaint.

Status Update as of 4/24/20 Plaintiff filed the complaint

Claims in
Betty McCants v AT&T
Intentional Infliction of Emotional Distress

The tort of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.

Intrusion Upon Seclusion

Intrusion on seclusion is one of the four privacy torts created under U.S. common law. Intrusion on seclusion is commonly thought to be the bread-and-butter claim for an "invasion of privacy."

Violation of § 222 of the Telecommunications Act 47
  1. 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.
  2. Under 47 U.S. Code § 207, any person claiming to be damaged by any common carrier subject to the provisions of this chapter may either make complaint to the Commission as hereinafter provided for, or may bring suit for the recovery of the damages for which such common carrier may be liable under the provisions of this chapter, in any district court of the United States of competent jurisdiction; but such person shall not have the right to pursue both such remedies.
Violation of North Carolina Unfair and Deceptive Trade Practices Act

North Carolina enacted the Unfair and Deceptive Trade Practices Act (“UDTPA”), N.C. Gen. Stat § 75-1.1, to benefit consumers, but “its protections extend to businesses in appropriate situations.” Creating a private cause of action for consumers was the Act’s primary purpose. Also, the statute was enacted “to provide a civil means to maintain ethical standards of dealings between persons engaged in business and the consuming public” within North Carolina because “other legal remedies were inadequate or ineffective.” It applies to dealings between buyers and sellers at all levels of commerce.

Negligent Supervision

Negligent supervision is a cause of action in United States tort law which arises where one party ("the entrustor") is held liable for negligence because they negligently provided another party ("the entrustee") with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. The cause of action most frequently arises where one person allows another to drive their automobile.

Violation of § 2702(a)(1) of the SCA

The Stored Communications Act, 18 U.S. Code § 2702, prohibits “a person or entity providing an electronic communication service to the public” from “knowingly divulg[ing] to any person or entity the contents of a communication while in electronic storage by that service.

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). 

Cases

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