Man who sued apple for wiping his data wins!

[Ad Man Gamer]

Well, Mr White has won £1,200 ($1807.62) off of Apple over the "Genius" botched repair procedure.

http://www.thesun.co.uk/sol/homepage/news/6775143/OAPs-court-victory-after-Apple-wiped-all-his-contacts-and-photos.html

[DConnell Member]

[oldtimefighter]

While waiting for the hundred comments like on the post from earlier...

 

This a real story? The Sun is a tabloid newspaper after all. Regardless, the man was an imbecile for not backing up his data but the Apple "Genius" should have told him what he was doing before the wipe. Apple should pay....

[Astra.Xtreme]

I'm sure Apple just decided to offer up a sum of money, which would end up being cheaper than paying a lawyer to continue to fight it.

[Melfster]

Why do you believe this guy over the Apple "Genius"?  I have only been once to apple genius they did tell me to back up my stuff before they did anything.

 

[Brian M. Veteran]

Ultimately, unless you have the signed work authorisation which states Apple aren't responsible for data loss, then they're responsible.

 

Backup or no backup, they can't just wipe your phone without telling you.

6 minutes ago, Astra.Xtreme said:

I'm sure Apple just decided to offer up a sum of money, which would end up being cheaper than paying a lawyer to continue to fight it.

 

Actually, the opposite was true, apparently it went through court. It's only a small claims, so wont' have been expensive. i'd be surprised if the legal fees were more than £1k.

[Melfster]

2 minutes ago, Brian M. said:

Ultimately, unless you have the signed work authorisation which states Apple aren't responsible for data loss, then they're responsible.

 

Backup or no backup, they can't just wipe your phone without telling you.

 

Actually, the opposite was true, apparently it went through court. It's only a small claims, so wont' have been expensive. i'd be surprised if the legal fees were more than £1k.

 

Whenever apple genius works on a product you do have sign something like that I don't know if it was done in this case but in my case they did make do it.

[Noir Angel]

I love the fact that this topic when discussed earlier seemed to throw up corporate shill after corporate shill blaming the guy. If the tech guys wiped the data without warning him that they were going to do it, or making him aware in writing, they *ARE* at fault. They got sloppy and botched a job. Get over it.

[Ad Man Gamer]

If it got to court, and they do have a document that they make you sign, chances are this was not done in this case. Otherwise the Apple lawyer would of used it as evidence that he was informed and understood what was going to happen.

[TAZMINATOR]

18 minutes ago, Melfster said:

Why do you believe this guy over the Apple "Genius"?  I have only been once to apple genius they did tell me to back up my stuff before they did anything.

 

 

Some people are not perfect.... for example, a tech can forget to ask a customer about backing up...    like this:

 

cus: Hello, I have a problem with my phone.

tech: No problem, we can get it fixed. Be right back.

tech with fixed phone: Here you go. Anything else can I help you with?

cus: Thanks... [looking at phone and noticed data is wiped]  WTF?!  My data is gone!

tech: Oh I forgot to ask you about backing up. I am so sorry.

 

Instead of this:

 

cus: Hello, I have a problem with my phone.

tech: Before we do that, back your data up, would you like for us to setup icloud before we repair the phone?

option 1:

    cus if chosen cloud option: That's fine.

    tech: Ok, [setting up icloud account with customer, then backing up]

option 2:

    cus if no icloud option: No. I will do that when I get home.. I will come back.

    tech: No problem. Anything else can I help you with?

 

Sometimes people forget to say the company name like this:

 

[Pick the phone up] This is Apple Store, How can I help you with?

 

But instead, [pick up the phone] Hello.

 

 

No one is perfect these days...  we make mistakes no matter what it is...   all come from your mind as long as you remember what to do. If not, you miss a step or two.. such as forgot to ask a customer about backing up.

[Depicus]

33 minutes ago, Brian M. said:

Ultimately, unless you have the signed work authorisation which states Apple aren't responsible for data loss, then they're responsible.

 

Backup or no backup, they can't just wipe your phone without telling you.

 

Actually, the opposite was true, apparently it went through court. It's only a small claims, so wont' have been expensive. i'd be surprised if the legal fees were more than £1k.

 

If it was small claims court then there are no lawyer fees and court costs are between £80-150. You win if the other side fails to show 95% of the time and some of the judges know very little about the law. I'll take all of this with the usual pinch of salt based on The Sun as a source but if he did win good luck to him.

[Brian M. Veteran]

3 minutes ago, Depicus said:

 

If it was small claims court then there are no lawyer fees and court costs are between £80-150. You win if the other side fails to show 95% of the time and some of the judges know very little about the law. I'll take all of this with the usual pinch of salt based on The Sun as a source but if he did win good luck to him.

 

From what I remember reading, this wasn't allocated to the small claims track. Probably because it was a complex case.

[Depicus]

1 hour ago, Brian M. said:

 

From what I remember reading, this wasn't allocated to the small claims track. Probably because it was a complex case.

 

Mmmm something very odd indeed, The Royal Courts of Justice is the High Court and usually where appeals from County Courts would go, so how did he manage to get his case heard at the High Court and within a year, sounds very fishy indeed. I'm inclined to think there is a lot of creative licence in this story.

 

Edit: seems they have a county court there as well, been many a time and never noticed it.

Edited November 30, 2015 by Depicus