Credit Union Appeals Dismissal of Its EFTA Complaint vs. T-Mobile
Michigan First Credit Union is appealing to the 6th U.S. Court of Appeals the district court’s Sept. 29 order dismissing its Electronic Fund Transfer Act complaint against T-Mobile for failure to state a claim (see 2310020040), said the credit union’s…
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notice of appeal Thursday (docket 2:22-cv-13159) in U.S. District Court for Southern Michigan in Detroit. Michigan First alleged T-Mobile left it holding the bag for $7.6 million in EFTA damages due to unauthorized SIM swaps committed under T-Mobile's watch, and it sued T-Mobile for reimbursement of those damages (see 2304030039). But U.S. District Judge Jonathan Grey held that because Michigan First isn’t one of the intended beneficiaries of the EFTA, and because the text and structure of the statute don’t support it, there’s “no express or implied cause of action for indemnification or contribution under EFTA.”