Communications Litigation Today was a Warren News publication.

Consumers Petition SDNY to Compel T-Mobile to Arbitration

T-Mobile removed to the U.S. District Court for Southern New York on Monday a petition (docket 1:22-cv-09710) from a group calling itself 100 Consumers to compel T-Mobile to submit to binding arbitration before the American Arbitration Association over the August 2021 data breach that affected 83 million T-Mobile customers. The petition was filed originally Oct. 7 in New York Supreme Court in Brooklyn. The petitioners “are all T-Mobile customers whose data was breached and stolen due to T-Mobile’s negligence,” said the petition. The petitioners are all consumers who agreed to T-Mobile’s terms and conditions, including the mandate that all disputes be resolved through arbitration, it said. The consumers filed the petition “due to T-Mobile’s refusal to move forward with arbitration and pay the arbitration fees despite their contractual requirement to do so” under the company’s own terms and conditions, it said. T-Mobile didn’t comment Tuesday.