Jurisdiction(s):
United Kingdom

United States: Challenge to AAA Award in T‑Mobile SIM‑swap Cryptocurrency Loss Dispute Cites Non‑Waivable Federal Communications Act Duties and Calls for Independent AAA Oversight

Published on: 20 August 2024

Published by a Law360 reporter

Legal News

Article summary

The ex-customer, Edward Mendez, asked the court in a 12 August 2024 reply brief to set aside an AAA arbitrator’s decision that favoured T‑Mobile and to assume jurisdiction to hear his Federal Communications Act claim, alleging the company’s poor security led to the loss of almost US$240,000 in cryptocurrency. In responding to T‑Mobile’s brief upholding the award, Mendez contended that the opacity of AAA arbitrations skews the process towards corporations, which can review an arbitrator’s history, while consumers ‘are kept in the dark’. ‘This disparity creates a serious conflict of interest, because ruling against a corporation can effectively blacklist an arbitrator from future appointments, jeopardising their professional standing’, Mendez said. He cited the sole AAA arbitrator, Laura Reich of Harper Meyer LLP, who determined his case, arguing her decision overlooks a non‑waivable statutory duty imposed by the Federal Communications Act. Moreover, Mendez noted, the Federal Communications Commission has clearly stated that such duties cannot be negated by contractual disclaimers. By contrast, T‑Mobile’s 5 August 2024 brief opposing Mendez’s amended petition to vacate the award argued he failed to satisfy the criteria for vacatur under the Federal Arbitration Act under the applicable law here...

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