SIM Scam Suit Allowed to Proceed in Washington

A federal judge in Seattle has rejected the majority of T-Mobile’s request to dismiss a potential class action lawsuit accusing the company of enabling SIM swap scams through its service. While two of the plaintiff’s claims have been dismissed, the judge has permitted the continuation of the remaining four allegations.

In February, a T-Mobile customer from Illinois filed a lawsuit claiming to have fallen prey to a “SIM swap scam.” In this scheme, fraudsters persuaded the wireless carrier to activate a SIM card linked to his phone number, providing them with access to his private information, including email and other account details. According to the plaintiff, this led to the theft of $21,000 from his Coinbase account and an additional $2,700 from his bank account.

Recently, a U.S. District Judge made a ruling in favor of Plaintiff; allowing his claims of alleged negligence and violations of the Computer Fraud and Abuse Act and Washington’s Consumer Protection Act to move forward. The judge also noted that the court does not need to currently address the company’s terms and conditions, as they are not within the scope of the initial pleadings.

In the ruling on T-Mobile’s motion to dismiss, the Judge highlighted the plaintiff’s claim that T-Mobile mishandled authentication processes when transferring SIM access, ultimately going beyond its authorized actions. Despite Plaintiff not initiating the SIM transfer, T-Mobile carried it out, leading Plaintiff to assert that T-Mobile acted without proper authorization.

As per Plaintiff’s complaint filed in February, he established an account with the wireless carrier at a MetroPCS store in December of 2021. Shockingly, within a mere eight days, he claims that scammers managed to gain unauthorized access to his phone’s data. Plaintiff asserts that these scammers reached out to T-Mobile, falsely declaring that his phone was lost or damaged. They then requested the company to activate a new SIM card, but this card was intended for the scammer’s phone, not Plaintiff’s. While some of the plaintiff’s claims were dismissed, he can amend and refile certain allegations.

This lawsuit is among several cases involving SIM scams. If you’ve experienced a similar situation or fallen victim to scams like these, don’t hesitate to seek legal advice. Schedule a call with one of our experienced attorneys today to discuss your case and explore your options for recourse. Your rights and security matter, and we’re here to help you navigate through this.