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The federal judge supervising Terpin vs. AT & T – a legal battle related to the crypto volley via the SIM card exchange for almost a year – rejected the request, reported the industry press, TheBlock, July 26.
As Cointelegraph had previously reported, Terpin filed a lawsuit against AT & T last August, claiming that the telecommunications giant had provided its pirates with access to its phone number, which had led to theft. important encryption. Earlier this month, the federal judge in charge of the case also rejected the telecommunications giant's motion to dismiss.
According to the report, the judge dismissed all the causes of action of the complaint – with the exception of an application for a declaratory judgment – with leave to amend within 20 days.
The court found that, even if the plaintiff was right, AT & T should have foreseen such criminal acts, "Mr. Terpin fails to sufficiently badert the immediate cause. Mr. Terpin does not understand how allowing hackers / hackers to access Mr. Terpin's phone number resulted in him losing $ 24 million. Stephen Palley, lawyer, comments in the article:
"I suspect the plaintiff will be able to overcome the defect of pleading in a modified plea."
Palley explains that, although the reason for this dismissal can be resolved with a probable amendment, it remains to be seen whether AT & T will be able to defend itself by pointing out that the damage was caused by criminal acts committed by third parties independent. Finally, he also stressed:
"It seems rather surprising that a sophisticated crypto holder leaves this crypto on a central, still using SMS two-factor authentication with an already compromised phone. This is not an excuse for AT & T, but hey, you can see the argument they will make. "
As reported by Cointelegraph in May, Sean Coonce, head of engineering at the BitGo cryptocurrency repository, also said he had been hacked by the SIM card.
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