Michael Terpin v. at and T Mobility LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL TERPIN, No. 23-55375

Plaintiff-Appellant, D.C. No. v. 2:18-cv-06975-

ODW-KS

AT AND T MOBILITY LLC,

Defendant-Appellee, OPINION and

DOES, 1-10,

Defendant.

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Argued and Submitted March 8, 2024 Pasadena, California

Filed September 30, 2024

Before: Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges.

Opinion by Judge Desai TERPIN V. AT&T MOBILITY LLC

SUMMARY*

Federal Communications Act / California State Law

The panel affirmed the district court’s dismissal of some claims and affirmed in part and reversed in part the district court’s grant of summary judgment for mobile service provider AT&T Mobility, LLC, on the remaining claims brought by Michael Terpin after hackers gained control over his phone number through a fraudulent “SIM swap,” received password reset messages for his online accounts, and stole $24,000,000 of his cryptocurrency. Terpin…