T-Mobile being sued by victim of SIM swapping attack

t-mobile-sued-by-victim-sim-swapping-attack

T-Mobile is currently facing a complaint against one of the victims of SIM swapping, a type of fraud. 

According to reports, a Californian recently filed a lawsuit against the Un-Carrier for failing to safeguard his personal and financial information. The lawsuit was filed on Monday in the Southern District of New York. The plaintiff, identified as Calvin Cheng, claimed that T-Mobile failed to protect his information. As a result, Cheng became a victim of the fraud. 

SIM swapping is identified as a type of fraud where the mobile carrier of a target is tricked into transferring service to a different device being controlled by the perpetrator. Once the data on a SIM card is obtained by a scammer, they can easily “impersonate the legitimate wireless customer.” 

The most common individuals being targeted by SIM swapping are those who have large quantities of cryptocurrency; which is the same as the victim involved in the scam. Cheng claimed that he lost over $450,000 in cryptocurrency investments when his account was hacked. 

Cheng believed that the attack would not have happened if not for “T-Mobile’s negligent practices and its repeated failure to adhere to federal and state law.” He claimed that a group of hackers enticed him to sell bitcoin for a premium. After his identity was confirmed, he transferred the bitcoin to a digital wallet. Unfortunately, this digital wallet was not under his control. The communication and transaction records have been deleted. 

Cheng argues that T-Mobile failed to uphold its responsibility to protect its customers personal and financial information, which led to the damages. The filing brings a total of six causes of action under the Federal Communications Act, the Computer Fraud and Abuse Act, a New York consumer protection statute, and tort law. 

 

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  • Why you opt out of binding arbitration.

    • Sayahh

      My understanding is that if you agree to (and did not opt out from) binding arbitration, then you cannot sue (even though I believe there are still avenues to do so).

      I am not a lawyer.

      • Marc

        Yes. Exactly what @Lucent:disqus said above.

        • Sayahh

          LOL I saw a question mark that did not exist.

    • Pak T

      How do you opt out of binding arbitration? It is usually an “agree or you don’t get service” kind of thing.

  • Shaun Michalak

    “He claimed that a group of hackers
    enticed him to sell bitcoin for a premium. After his identity was
    confirmed, he transferred the bitcoin to a digital wallet.
    Unfortunately, this digital wallet was not under his control. The
    communication and transaction records have been deleted. ”

    so basically, he was contacted, he transferred the info / aka crypto of his own free will.. Yet it is T-mobiles fault?? What makes it worse is the fact that all records have been deleted, so what proof does he have that it even happened to start off with?

    • Rob Gates

      Exactly my thoughts. Not T mobiles fault that is a gullble sucker and fell for the hackers scams…

    • icwhatudidthere

      It’s poorly explained in this article, but the hackers simswapped someone else, a principal at an investment firm. They then impersonated as that investment firm and this poor guy thought it was an authentic offer.

      It’s a new twist on the sim swap attack but this guy’s case is still pretty shaky. T-Mobile should still be doing more to prevent sim swaps though.

      • Shaun Michalak

        Ok, say they did.. Was that other person that was sim swapped first, on T-Mobile?? Or were they on AT&T or Verizon?? I would guess that they were more likely to be on someone elses network, and if so, then the other company is the one that failed to protect first.. Looking outside of human stupidity that is.. Kind of like how people call saying that they are Social Security calling, which SS never calls anyone under normal circumstances.. You call them.. But how people fall for them being from SS even still..

        Either way, you stated that someone else was sim swapped first, and then it went from them, to this person.. So wouldn’t they have to prove that the other company (if not T-Mobile) was just as much to fault?? Since it started with them first??

        • icwhatudidthere

          Yeah, that other person was on T-Mobile.

        • Shaun Michalak

          I did not know that T-Mobile was the carrier for the first line in this one.. I know they just picked up a group that was doing this, and one of the people in the group worked as a Verizon rep..

  • Peter Truong

    My sim was swapped about 2 weeks ago. They were able to login to my coinbase account but I already transfer my coins to a different wallet before it happen.

  • Willie D

    I swear, T-Mobile monthly has either some data breach, SIM hack or account incursion of unauthorized persons. This is a monthly issue it seems. Why only TMo this seems to frequent? Why is TMo the only carrier I get multiple, UP TO 10 CALLS A DAY that are scams? Blocking doesn’t work. It’s ALWAYS TMo

    • dcmanryan

      My work phone is Verizon and I get WAY more spam calls but lately T-mobile is catching up.

    • shawn murray

      well turn on your spam blocker i get calls but they are blocked.

    • vinnyjr

      Never have spam calls. Been a T-Mobile customer for 12+ years.

    • Shaun Michalak

      I think it comes down to, once your number gets out there, it gets out there, and is sold to everyone.. We have 4 lines.. The one line the number does not given out to anyone, and we get no spam calls on it.. Yet the lines that the number does get given out, we get spam calls on.. My friend has an AT&T phone, and he never got any spam calls.. He got signed up for one service, and suddenly, he started getting spam calls on his phone from other companies..

    • Darcy Barnes

      Have you installed scam shield , that app has worked amazingly for my self. I also instead of taking a number that is recycled, I ported a number in from google voice which is much less used for a semi clean number.

      • Willie D

        Thanks for the responses on Scam Shield, yes it is installed and turned on, but to date it has only worked blocking one specific call at 8am so I don’t consider that as a working system when all other calls come in. Worse is blocking is a paid feature so making it worthless unless you paid.

        Now, on to the whole number issue, I get calls on all lines of service. I have noticed numbers on lines of service less used also have less spam type calls but they still come through. In fact numbers on other carriers that were ported in originally had no spam calls on the original carrier but now get them occasionally on TMo. So to be honest I feel TMo sold a lot of users data to fund some of their Uncarrier expansion and that sold data wasn’t to reputable companies. That’s my thought but doesn’t mean that’s true.

  • Jonathan

    I’m glad someone is suing. Many of these seem like inside jobs, and T-Mobile should be protecting our accounts more securely.

  • bootsy333

    It’s a shame ESIMS aren’t used more by Tmobile. I tried to get an esim for a non-Apple device from T-Mobile and it was constant loops. No one knew how to do it without the Apple Esim Tmoble app. Very frustrating, Esims are much more secure.

    • WONDROUS5000

      how is Esim more secure?

      • bootsy333

        Well, for starters, usually, the first thing a theif would do is take the sim card out before testing the phone. With an esim, that isn’t possible so as soon as the phone was turned on, it could connect with the network.