EPIC-Led Coalition Urges FCC to Protect Consumers from SIM Swap Fraud by Holding Carriers Liable, Banning Forced Arbitration

February 13, 2024

On February 12, EPIC, NCLC, and six other advocacy organizations submitted reply comments to the Federal Communications Commission applauding new rules that will strengthen consumer protections against SIM swap and port-out fraud but also urging the FCC to state there is a presumption of carrier liability in SIM swap and port-out fraud contexts. The coalition also called for the FCC to prohibit carriers from using binding pre-dispute arbitration clauses as a means of avoiding facing consumer victims in court for claims arising from these attacks. SIM swap and port-out fraud occur when a fraudster takes control of a victim’s phone number by convincing a carrier to transfer the victim’s phone service to the fraudster’s phone.

Additionally, EPIC requested the Commission not only articulate its enforcement power under the Communications Act of 1934 as it relates to holding carriers liable for SIM swap attacks, but also to apply that power clearly, as presently carriers seek to evade liability for SIM swap fraud in court.

NCLC issued a press release about this filing.

EPIC routinely comments on regulations concerning telecommunications customers privacy and protection from fraud.

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