Data Breach Victim's Class Action Should Be Dismissed for Lack of Jurisdiction: T-Mobile
A class action against T-Mobile involving the carrier’s February data breach should be dismissed for lack of jurisdiction and because the U.S. District Court for Western Missouri is an improper venue, said T-Mobile Friday in its motion to dismiss (docket…
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4:23-cv-00393) the privacy class action. Alternatively, plaintiff Waleed Lashin’s claims should be compelled to arbitration and the action stayed because he entered into valid and enforceable agreements with T-Mobile that include mandatory arbitration provisions for claims not asserted in small claims court, the company said. Lashin’s lawsuit said T-Mobile “largely put the burden of a fraud alert on victims,” said the New Jersey plaintiff. T-Mobile's breach notice didn’t explain which security weakness was compromised in the breach, to what extent individuals were affected and who perpetrated it, the complaint said. Just after the breach, Lashin experienced a large increase in spam and “suspicious” phone calls, texts and emails, the complaint said, and he received a two-factor authentication message from PayPal for a login he didn’t make or authorize. On Feb. 28, Lashin's phone lost service, and he received an email from T-Mobile that he had canceled his internet account. An hour later, he began receiving notices that the cryptocurrency in his Coinbase account was being converted into bitcoin and the cash was being transferred out of the account, the complaint said. The cash and cryptocurrency account loss was $13,000, he said. Lashin’s complaint claims negligence, unjust enrichment and breach of implied contract.