T-Mobile Seeks Arbitration in Data Breach Class Action Lawsuit

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T-Mobile Data Breach Class Action Lawsuit Overview: 

• Who: Stephen J.Vash filed a class action lawsuit against T-Mobile on behalf of himself and about 100 million of the company’s customers.
• Why: Vash alleges T-Mobile failed to properly secure and protect his and other class members’ private information from a recent data breach.
• Where: The class action lawsuit was filed in a Georgia federal court.

T-Mobile US, Inc. filed a motion requesting arbitration of Plaintiff Stephen J. Vash’s claims in an August class action data breach lawsuit and staying all proceedings pending the plaintiff’s arbitration.

T-Mobile filed the motion because it says Vash agreed to arbitrate his disputes with T-Mobile as part of the terms and conditions in the agreements he signed when opening his account.

“This court should not relieve plaintiff of the contractual obligation to arbitrate that he willingly undertook. Instead, under the FAA, this court’s role is to enforce the parties’ arbitration agreements and move this dispute into arbitration as quickly as possible. T-Mobile’s motion to compel arbitration should therefore be granted,” the motion states.

Vash claims T-Mobile betrayed the trust of himself and other members of the proposed nationwide class by failing to properly secure the sensitive personally identifiable information (PII) they were required to provide upon signing up with the company. 

“T-Mobile disregarded the rights of plaintiff and other members of the proposed class by intentionally, willfully, recklessly or negligently failing to take and implement adequate and reasonable measures to ensure that the PII of plaintiff and other members of the proposed class was safeguarded,” the lawsuit states. 

Class Action Says T-Mobile Failed to Protect Private Customer Information

Vash claims he and other class members were required to provide T-Mobile with personal and private information such as last names, birthdates, physical addresses, phone numbers and Social Security numbers, among other information.

T-Mobile should have anticipated the possibility of a cyber attack and was negligent in allowing the data breach to occur, the class action lawsuit claims. 

The company also failed to “sufficiently monitor, audit and update its cybersecurity procedures and patch maintenance and timely detect the data breach, mitigate harm and notify consumers of the data breach,” according to the lawsuit. 

Vash alleges T-Mobile put him and others at risk of substantial harm or inconvenience by allowing the data breach to occur, including identity theft and fraud. The plaintiff says that those affected by the T-Mobile data breach will also have to spend time and money protecting their information from cybercriminals. 

The plaintiff is seeking actual damages, statutory damages and punitive damages, along with restitution, reimbursement for attorney costs and expenses and declaratory and injunctive relief.

Were you affected by the recent T-Mobile data breach? Let us know in the comments! 

The plaintiff is represented by John C. Herman, Peter M. Jones and Carlton Jones of Herman Jones LLP.

The T-Mobile Data Breach Class Action Lawsuit is Vash et. al v. T-Mobile US, Inc., Case 1:21-cv-03384-SCJ, in the U.S. District Court for the Northern District of Georgia Atlanta Division.

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