April, 2022
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StopSIMCrime Summit

Richard Harris v T-Mobile

6/7/2021

Mr. Richard Harris claims that a T-Mobile employee knowingly processed a fraudulent SIM swap to an unknown individual who has visited a T-Mobile branch pretending to be him. Mr. Richard has set up a PIN that is only known to him & shall be required when requesting for a SIM swap.

Because of T-Mobile's alleged negligence, Mr. Richard Harris lost worth at least $55,000 in BTC from his Coinbase account that the hacker took over after their successful fraudulent SIM swap."

Claims in
Richard Harris 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.
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). 

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.

Violation of the Stored Communications Act

One of the primary barriers to getting information from social media sites is the Stored Communications Act,1 which prevents disclosure of information or e-mail stored by an Internet service provider.

Violation of the Wiretapping and Electronic Surveillance Control Act

Under Section 5742(a)(3) of the WESCA, “[a] person or entity providing an electronic communication service or remote computing service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to, or customer of, the service.” 18 Pa. C.S. §5742(a)(3).

Violation of the Unfair Trade Practices and Consumer Protection Law

0. Section 201-2(4) of the UTPCPL defines “unfair or deceptive acts or practices” to include the following conduct: a. representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; b. failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made; and c. engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding.1

Cases

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