17 Comments
Sep 30, 2022Liked by Eric Falkenstein

Dear Eric, brother in the Lord, I am so sad that this happened to you. I will tighten up what I store in my Google Account, deleting passwords for financial and social/search websites.

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Wow, Eric. I'm so sorry this happened to you.

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Oct 11, 2022·edited Oct 11, 2022

Thank you for writing this. My T-Mobile SIM card was “reassigned” last month and my Gemini account was hacked, but I received notification of the sell request and immediately froze my account. Fortunately no withdrawals were made. Your information helps me to understand what happened and what other accounts I need to check.

I know better than to hold crypto on exchanges due to my tech background, but I take a calculated risk on stablecoins to earn good interest. I never imagined someone could take over my phone number, it’s a scary thought since it’s used for authentication for many things.

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Eric, this is terrifying and I'm sorry it happened to you. So much of our technology, and hence our lives, is built on shifting sands.

I'm interested to understand why it would cost 100k and take two years to specifically get around the EULA's "contract of adhesion" and obtain standing. This doesn't quite sound right; or, rather, it sounds like an estimate for bringing the whole lawsuit to fruition rather than just enabling standing. Either way I would be interested to understand this aspect of your story better.

Based on my experience successfully winning a lawsuit in an area that few lawyers wanted to touch: typically in these situations you would want to find a motivated attorney who is clever enough to figure out where T-Mobile is vulnerable to paying a higher amount of damages, and thereby can create a situation worth underwriting for the both of you.

But perhaps this area of is yet more unfavorable than what I experienced; nonetheless my intuition is that smart lawyers (or sufficiently motivated laymen who can work through legal documents) can usually find the right point of leverage.

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Eric, thank you for sharing. If this can happen to you it can certainly happen to anyone, so sorry.

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Total bummer. But thanks for the details. Hopefully this helps others. Im changing my protocol now.

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Do you know which provision in T-Mobile's EULA prevents you from having standing? They seem to be the most culpable in this sad tale.

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