B.C. court rules 'SIM swap' theft victim can't sue phone company

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A Freedom Mobile store in Toronto is shown in this file photo from 2020.

A Surrey man says more than $60,000 worth of bitcoin was stolen from him in a sneaky "SIM swap" scam, but a recent B.C. Supreme Court ruling has reluctantly hung up on his lawsuit against the phone company he says is to blame.A B.C. judge has granted Freedom Mobile's applicated to stay a lawsuit brought by a client who claimed negligence by the company resulted in the theft of $60,000 in cryptocurrency from his accounts.

"Despite Freedom being armed with this knowledge, it failed to take reasonable and necessary steps to prevent a similar type of attack from occurring," read the claim.For its part, Freedom applied to stay the case in September, arguing that before bringing legal action, Tahmasebpour and his father Alireza first needed to try to resolve the matter through an internal arbitration process outlined in its terms of service.

This cuts off the victim's cell service and enables the scammer to send and receive texts and calls to the victim's number, reset passwords via two-factor authentication, and lock victims out of financial and other accounts. Tahmasebpour was skiing with a friend on Mount Seymour on Jan. 4, 2021, when he says he received two texts from Freedom Mobile saying the account's email and access PIN had been changed, according to an affidavit obtained by CBC News.

Tahmasebpour was skiing with a friend on Mount Seymour on Jan. 4, 2021, when he says he received the two texts from Freedom Mobile, copies of which are pictured here, saying the account's email and access PIN had been changed, according to an affidavit obtained by CBC News.

 

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