Samuel T. Whatley, II v. T-Mobile USA, Inc.

Charleston, South Carolina pro se Plaintiff sued on a breach of contract theory.



Plaintiff alleged that an employee of Defendant "unlawfully transferred [his] phone number to another device” in April of 2022 while he was at a T-Mobile store located in Traveler's Rest, South Carolina. Plaintiff claimed that "[i]t later resulted in compromising [his] entire bank account and funds were unlawfully transferred via Zelle.” According to Plaintiff, "[t]he authorities were contacted about it the next day but were unsuccessful in apprehending the suspect after providing the police with the [International Mobile Equipment Identity Number] of the swapped device and evidence of the unlawful transfers after the bank account was compromised.” As a result, Plaintiff filed suit against Defendant, seeking "[c]ompensation for the unlawful transfer of electronic communications leading to the unauthorized access and compromise of [his] bank account,” and alleging, inter alia, violations of the Electronic Communications Privacy Act of 1986 and the Electronic Funds Transfer Act of 1978.



Defendant filed a motion seeking an order of the court compelling arbitration of the dispute.

Motion granted.



Affirmed