April, 2022
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StopSIMCrime Summit

Reginald Middleton v T-Mobile

21/7/2020

On or about Jul7 23, 2017, using Mr. Middleton's stolen mobile number through SIM swap fraud, Plaintiffs’ credentials obtained from TMobile, the unknown party stole approximately $8.7M from Plaintiffs’ corporate and personal cryptocurrency addresses, wallets and online exchange accounts. Further, TMobile similarly provided access to hackers on at least August 22, 2017, September 16, 2017 and twice on October 4, 2017, and continued to provide access during to hackers in 2018 and 2019.

2/10/21 Update Defendant T-Mobile filed a Motion to Compel _Arbitration and Stay Action. _

The defendant stated that Plaintiff Reginald Middleton has agreed to T-Mobile's Terms & Conditions including T-Mobile requires arbitration to solve disputes when Plaintiff Reginald Middleton signed as a T-Mobile customer.

Within the same day, Plaintiff Reginald Middleton filed a request to deny the defendant's request compel him to arbitration.

The side of the plaintiff argued that the present federal action properly belongs in this Court and is not subject to the arbitration clause in T-Mobile’s Terms and Conditions.

Claims in
Reginald Middleton v T-Mobile
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.
Violations of the New York Consumer Protection Act – N.Y. Gen. Bus. L. § 349

This law makes deceptive acts or practices in the conduct of any business unlawful.

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.

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.

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.

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). 

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