T-Mobile Moves to Compel Customer’s ECPA Claims to Arbitration

T-Mobile seeks to compel Samuel Whatley's claims to arbitration and to stay his case pending the outcome of that arbitration, said T-Mobile’s motion Wednesday (docket 2:23-cv-01339) in U.S. District Court for South Carolina in Charleston. The pro se plaintiff alleges a T-Mobile employee unlawfully transferred his phone number to another unauthorized device and in so doing compromised his entire bank account. He alleges violations of the Electronic Communications Privacy Act and the Electronic Funds Transfer Act. But Whatley’s customer agreement with T-Mobile contains an “express, conspicuous arbitration provision” by which he agreed “to submit any and all disputes with T-Mobile to arbitration,” said the motion. Whatley for years “repeatedly consented” to the carrier’s terms and conditions and “explicitly agreed” to arbitrate disputes with the company, said T-Mobile’s memorandum of law in support of the motion. To the extent that the plaintiff disputes the “scope or enforceability” of the arbitration provision, “that dispute goes to the arbitrator, as the parties agreed,” it said. But in any event, the arbitration agreement “plainly covers the claims” Whatley brings against T-Mobile “based on its alleged failure to protect his account from unauthorized access,” it said.