Ninth Circuit Reinstates $24M SIM Swap Lawsuit Against AT&T Amid Bitcoin Theft Allegations

• The Ninth Circuit Court of Appeals has reinstated Michael Terpin’s $24 million lawsuit against AT&T, highlighting significant legal developments in the cryptocurrency sector.
• This case underscores the complexity of SIM swap fraud, a growing concern as more financial transactions migrate to digital platforms.
• A vital aspect of this case is that it implicates AT&T under the Federal Communications Act, revealing broader implications for telecom carriers’ responsibilities.

The Ninth Circuit revives a $24 million lawsuit against AT&T over negligent SIM swap, spotlighting the heightened need for telecom security in the crypto era.

Court Decision: A Milestone for Crypto Fraud Victims

The Ninth Circuit Court of Appeals has rejuvenated a critical aspect of Michael Terpin’s lawsuit against AT&T, reinstating his claims under the Federal Communications Act (FCA). This revival marks a significant victory for Terpin, who alleges that AT&T’s failure to secure his account led to a SIM swap attack, resulting in the theft of $24 million in cryptocurrency.

Details of the Incident and Legal Proceedings

In January 2018, hackers managed to compromise Terpin’s phone number by bribing an AT&T employee to perform a SIM swap. Despite enhanced security measures post-2017, including a 6-digit passcode, the hackers exploited vulnerabilities, gaining unauthorized access to Terpin’s accounts. With control over his phone number, they reset passwords and transferred $24 million in cryptocurrencies from his wallets. While one hacker, Ellis Pinsky, returned his share, another, Nicholas Truglia, was ordered by a Los Angeles court to pay Terpin $75.8 million in damages.

Analysis: The Broader Implications of the Court’s Ruling

The appellate court’s decision reopens essential claims of fraud and negligence against AT&T, hinging particularly on Section 222 of the FCA. This section mandates that telecommunications carriers protect customer proprietary network information. The court recognized that AT&T’s purported failure to do so presented a triable issue, potentially setting a precedent for future litigation involving telecom companies and security breaches.

Industry Reactions and Future Outlook

This lawsuit’s revival has significant implications for the cryptocurrency sector and beyond. Legal experts suggest that this ruling could empower more consumers to hold telecom firms accountable for SIM swap fraud. AT&T has expressed their intent to defend the reinstated allegations vigorously, maintaining that most charges had previously been dismissed. Meanwhile, blockchain analysts continue to scrutinize crypto-related attacks, as evidenced by ZachXBT’s recent investigation uncovering a scam in the UK, wherein 250 users were defrauded of $650,000 via bogus Bybit demo accounts.

Conclusion

The Ninth Circuit’s decision to reinstate Michael Terpin’s lawsuit against AT&T symbolizes a broader quest for accountability in the telecom industry, especially in the context of rising cryptocurrency transactions. This case not only sheds light on the challenges of securing digital assets but also signals potential shifts in legal frameworks protecting consumers against sophisticated cyber threats. As this lawsuit proceeds, it will be crucial to watch how courts balance telecom responsibilities with evolving cybersecurity challenges.