Tampa Doctor's SIM Swap Claims Belong in Arbitration, Says T-Mobile

T-Mobile seeks to compel the SIM swap claims of Tampa physician Pina Panchal to arbitration, said T-Mobile’s motion Wednesday (docket 8:24-cv-00456) in U.S. District Court for Middle Florida in Tampa. Panchal’s Feb. 21 negligence complaint alleges that her T-Mobile account was improperly transferred to individuals who used her identity to attempt to buy fraudulent prescriptions of controlled substances (see 2402220067). The thieves also tried to transfer $100,000 from the plaintiff's retirement account, it alleges. But Panchal is "contractually required" to bring her claims in arbitration, said T-Mobile’s motion. On numerous occasions over a period of years, she assented to T-Mobile’s terms and conditions containing the arbitration provisions, it said. The arbitration agreement delegates any “threshold questions” to the arbitrator, so the district court’s inquiry “should end here,” it said. But in any event, the arbitration agreement “plainly covers” Panchal’s claims, “which arise directly from T-Mobile’s provision of telecommunications services,” it said. Courts “regularly require” T-Mobile customers to abide by this arbitration agreement under “indistinguishable circumstances,” said the motion. This court “should do the same,” it said.