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Bittersweet Triumph for AT&T in $24Mln Sim Swapping Legal Battle

By Katelyn James | July 30, 2019
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Bittersweet Triumph for AT&T in $24Mln Sim Swapping Legal Battle

The federal judge in charge of handling the AT&T and Terpin case – a lawsuit concerning the lost crypto fund caused by Sim Swapping, which lasted for nearly 1 year – has deemed AT&T not responsible for the case.

Terpin has previously submitted a legal complaint against AT&T in August 2018, accusing the major mobile service provider of enabling hackers to acquire his phone digits, consequently resulted in a serious crypto theft. In July 2019, the judge handling the legal battle has dismissed the attempt AT&T made for dismissal.

As reported by TheBlock on July 26, the judge has denied almost all causes of action stated in the complaint – apart from a declaratory judgment claim, with a 20-day window for amendment.

The court reportedly ruled that, although the accusations against AT&T made sense, regarding its inability in foreseeing such fraudulent attempt,  “Mr. Terpin fails to sufficiently allege proximate cause. Mr. Terpin does not connect how granting the hackers/fraudsters access to Mr. Terpin’s phone number resulted in him losing $24 million.”

“I suspect that Plaintiff will be able to overcome the pleading defect in an amended pleading.”  Lawyer Stephen Palley remarked concerning the document.

“It does seem rather astonishing that a sophisticated crypto holder would leave this much crypto on an exchange, continuing to use SMS two-factor authentication with a phone that had already been compromised. This isn’t to excuse AT&T but, well, you can see the argument they will make.” He further added.

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