Reginald Middleton v T-Mobile


On or about Jul7 23, 2017, using Mr. Middleton's stolen mobile number through SIM swap fraud, his credentials obtained from TMobile, the unknown party stole approximately $8.7M from his 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 to hackers in 2018 and 2019.

11/24/2021 Update Reginald Middleton asserted that he purchased devices from a T-Mobile store as gifts for use by others on their Lines and Accounts and he did not sign any contract. The receipt for the purchase of the device T-Mobile service on the 5953 Line is for the return of devices and as such is not covered by any T-Mobile T&C. The T MObile store where he conducted a transaction did not provide a non-fixed “Tablet” contrary to Dependants allegations.

11/11/21 Update Plaintiffs Letter Brief Regarding the Question of Contract Formation got filed by Reginald Middleton.

In this letter, Mr. Middleton expressed that he was not aware that he could opt-out of the arbitration clause was in T Mobiles Terms & Conditions, therefore, exempting him from the clause.

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

The defendant stated that Plaintiff Reginald Middleton has agreed to T Mobiles Terms & Conditions including T-Mobile requires arbitration to solve disputes when Plaintiff Reginald Middleton signed as a T-Mobile customer.

The same day, Plaintiff Reginald Middleton filed a request to deny the defendant's request to 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

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.
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.

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.

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.


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