Judge Grants AT&T's Motion to Compel SIM Swap Case to Arbitration

U.S. District Judge Wendy Berger for Middle Florida in Orlando granted AT&T’s motion to compel a plaintiff's SIM swap claims to arbitration and to stay the case pending the outcome of that arbitration, said her order Wednesday (docket 6:23-cv-00120). Berger accepted U.S. Magistrate Judge Embry Kidd's June report and recommendation (R&R), which recommended finding a connection between plaintiff Al Weiss’ claims regarding the way his customer data was protected and the customer service agreement with AT&T. Weiss objected to the R&R (see 2307110028) because it recommends compelling arbitration without finding a substantial relationship between his claims and the arbitration agreement, contrary to Florida law. “The R&R failed to address, much less find, the existence of a substantial relationship between Plaintiff’s claims and the Customer Service Agreement,” Weiss said. The case is stayed pending arbitration. Berger ordered AT&T to file a status report on arbitration proceedings on or before April 22.