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  3. A LOST LAPTOP = A $54 MILLION LAWSUIT

A LOST LAPTOP = A $54 MILLION LAWSUIT

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  • O Oakman

    http://redtape.msnbc.com/2008/02/a-lost-laptop-a.html#posts If her suit is successful, I wonder what it will do to the savings Best Buy thinks it realizes from outsourcing its help desk.

    Jon Smith & Wesson: The original point and click interface

    M Offline
    M Offline
    martin_hughes
    wrote on last edited by
    #2

    I can understand the consumer's frustration... but I hope the court throws out her claim as frivolous and fines her for wasting everyone's valuable time.

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    • M martin_hughes

      I can understand the consumer's frustration... but I hope the court throws out her claim as frivolous and fines her for wasting everyone's valuable time.

      J Offline
      J Offline
      Jim Crafton
      wrote on last edited by
      #3

      I don't. I hope the court drops the amount to something reasonable, something around $3-4000 plus lawyers fees. But I do hope they punish Best Buy for acting like such complete and utter idiots.

      ¡El diablo está en mis pantalones! ¡Mire, mire! Real Mentats use only 100% pure, unfooled around with Sapho Juice(tm)! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! VCF Blog

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      • O Oakman

        http://redtape.msnbc.com/2008/02/a-lost-laptop-a.html#posts If her suit is successful, I wonder what it will do to the savings Best Buy thinks it realizes from outsourcing its help desk.

        Jon Smith & Wesson: The original point and click interface

        Mike HankeyM Offline
        Mike HankeyM Offline
        Mike Hankey
        wrote on last edited by
        #4

        Although I hope this case is not awarded the mega bucks she's asking for I would hope that the lack of customer care these days is carefully reevaluated. Seems like the lack of customer service is the norm and maybe this type of case will awaken american companies into realizing that the customer should be treated with a tad more respect. Mike

        Life is not measured by the number of breaths we take, but by the moments that take our breath away. "George Carlin

        Semper Fi http://www.hq4thmarinescomm.com[^]

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        • J Jim Crafton

          I don't. I hope the court drops the amount to something reasonable, something around $3-4000 plus lawyers fees. But I do hope they punish Best Buy for acting like such complete and utter idiots.

          ¡El diablo está en mis pantalones! ¡Mire, mire! Real Mentats use only 100% pure, unfooled around with Sapho Juice(tm)! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! VCF Blog

          D Offline
          D Offline
          daniilzol
          wrote on last edited by
          #5

          3-4K is far too little for what she went through.

          1 Reply Last reply
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          • J Jim Crafton

            I don't. I hope the court drops the amount to something reasonable, something around $3-4000 plus lawyers fees. But I do hope they punish Best Buy for acting like such complete and utter idiots.

            ¡El diablo está en mis pantalones! ¡Mire, mire! Real Mentats use only 100% pure, unfooled around with Sapho Juice(tm)! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! VCF Blog

            D Offline
            D Offline
            Douglas Troy
            wrote on last edited by
            #6

            Right, so after the lawyers fees, it would be right back to 54mil ...


            :..::. Douglas H. Troy ::..
            Bad Astronomy |VCF|wxWidgets|WTL

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            • J Jim Crafton

              I don't. I hope the court drops the amount to something reasonable, something around $3-4000 plus lawyers fees. But I do hope they punish Best Buy for acting like such complete and utter idiots.

              ¡El diablo está en mis pantalones! ¡Mire, mire! Real Mentats use only 100% pure, unfooled around with Sapho Juice(tm)! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! VCF Blog

              realJSOPR Offline
              realJSOPR Offline
              realJSOP
              wrote on last edited by
              #7

              You're forgetting the possibility that her entire life could be stolen from her if someone decides the identity info is usable. It takes years and lots of money to clean up a mess like that. I think 54 million is a good starting point.

              "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
              -----
              "...the staggering layers of obscenity in your statement make it a work of art on so many levels." - Jason Jystad, 10/26/2001

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              • O Oakman

                http://redtape.msnbc.com/2008/02/a-lost-laptop-a.html#posts If her suit is successful, I wonder what it will do to the savings Best Buy thinks it realizes from outsourcing its help desk.

                Jon Smith & Wesson: The original point and click interface

                M Offline
                M Offline
                Madhu Cheriyedath
                wrote on last edited by
                #8

                I try to avoid Best Buy as much as possible. They are a bunch of arrogant guys who always try push their extended warranty along with any of the purchases...The regional stores in our area (NJ/NY) offer much better service (in terms of price and customer service) and I always prefer them..

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                • M Madhu Cheriyedath

                  I try to avoid Best Buy as much as possible. They are a bunch of arrogant guys who always try push their extended warranty along with any of the purchases...The regional stores in our area (NJ/NY) offer much better service (in terms of price and customer service) and I always prefer them..

                  N Offline
                  N Offline
                  Nish Nishant
                  wrote on last edited by
                  #9

                  Madhu Cheriyedath wrote:

                  They are a bunch of arrogant guys who always try push their extended warranty along with any of the purchases...

                  I don't know about "arrogant" but my closest BestBuy always (every single time I've bought anything there) try to push the extended warranty on me. I react so indifferently to it than they never push too hard - but it's still annoying. It's like Macy's or Target always asking you if you want their credit card.

                  Regards, Nish


                  Nish’s thoughts on MFC, C++/CLI and .NET (my blog)
                  My latest book : C++/CLI in Action / Amazon.com link

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                  • M martin_hughes

                    I can understand the consumer's frustration... but I hope the court throws out her claim as frivolous and fines her for wasting everyone's valuable time.

                    D Offline
                    D Offline
                    Draugnar
                    wrote on last edited by
                    #10

                    Do you know the meaning of frivolous? Her case is most definitely NOT frivolous. The amount may be excessive, and the court (or more likely, the jury) can issue award her a significantly smaller amount. If BB is smart, they will offer her a reasonable 6 figure sum, which her attorney will encourage her to take.

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                    • O Oakman

                      http://redtape.msnbc.com/2008/02/a-lost-laptop-a.html#posts If her suit is successful, I wonder what it will do to the savings Best Buy thinks it realizes from outsourcing its help desk.

                      Jon Smith & Wesson: The original point and click interface

                      E Offline
                      E Offline
                      Ennis Ray Lynch Jr
                      wrote on last edited by
                      #11

                      If only more would come to the same conclusion I did years ago. When a company's corporate office states, "We don't need your business that bad", I justifiably believe they don't need anyones and encourage everyone to not shop there.

                      Need a C# Consultant? I'm available.
                      Happiness in intelligent people is the rarest thing I know. -- Ernest Hemingway

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                      • D Draugnar

                        Do you know the meaning of frivolous? Her case is most definitely NOT frivolous. The amount may be excessive, and the court (or more likely, the jury) can issue award her a significantly smaller amount. If BB is smart, they will offer her a reasonable 6 figure sum, which her attorney will encourage her to take.

                        R Offline
                        R Offline
                        raphael_kc
                        wrote on last edited by
                        #12

                        As stated in the article, its not the money that matters but rather the attention given to this matter. $54 mil is just to get attention. NO jury in its right mind would give the 54 mil. She may be lucky to get the cost of the laptop back. All repairs are done with an assumtion that you have a backup. :-D

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                        • D Draugnar

                          Do you know the meaning of frivolous? Her case is most definitely NOT frivolous. The amount may be excessive, and the court (or more likely, the jury) can issue award her a significantly smaller amount. If BB is smart, they will offer her a reasonable 6 figure sum, which her attorney will encourage her to take.

                          M Offline
                          M Offline
                          martin_hughes
                          wrote on last edited by
                          #13

                          Draugnar wrote:

                          Do you know the meaning of frivolous?

                          Yes I do - and remember this: while court time is wasted debating the plausibility of handing out $54m, other more serious cases are going unheard.

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                          • realJSOPR realJSOP

                            You're forgetting the possibility that her entire life could be stolen from her if someone decides the identity info is usable. It takes years and lots of money to clean up a mess like that. I think 54 million is a good starting point.

                            "Why don't you tie a kerosene-soaked rag around your ankles so the ants won't climb up and eat your candy ass..." - Dale Earnhardt, 1997
                            -----
                            "...the staggering layers of obscenity in your statement make it a work of art on so many levels." - Jason Jystad, 10/26/2001

                            H Offline
                            H Offline
                            Howard Richards
                            wrote on last edited by
                            #14

                            While Best Buy may have lost the laptop (and behaved badly in not refunding her properly, etc.), leaving sensitive information on a laptop leaving her possession is negligence on *her* part, so she is very unlikely to get any damages for that. I had to have my laptop repaired last year, I can assure you every single byte of personal and company data was removed before it left my house.

                            'Howard

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                            • H Howard Richards

                              While Best Buy may have lost the laptop (and behaved badly in not refunding her properly, etc.), leaving sensitive information on a laptop leaving her possession is negligence on *her* part, so she is very unlikely to get any damages for that. I had to have my laptop repaired last year, I can assure you every single byte of personal and company data was removed before it left my house.

                              'Howard

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                              moon_stick
                              wrote on last edited by
                              #15

                              Howard Richards wrote:

                              leaving sensitive information on a laptop leaving her possession is negligence on *her* part

                              Perhaps, but bear in mind that the power switch on the computer was broken so she couldn't access the data on the computer. Not everyone is able to take apart their computer, she might not have had another machine in which she could put the drive and it could've invalidated the extended warranty she bought. I think the negligence lies entirely with Best Buy and not the customer - they were in possession of her equipment and therefore it's their responsibility to ensure its security. I hope she wins the case and gets awarded a reasonable amount of cash (not $54M obviously!).

                              It definitely isn't definatley

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                              • R raphael_kc

                                As stated in the article, its not the money that matters but rather the attention given to this matter. $54 mil is just to get attention. NO jury in its right mind would give the 54 mil. She may be lucky to get the cost of the laptop back. All repairs are done with an assumtion that you have a backup. :-D

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                                M Offline
                                Machaira
                                wrote on last edited by
                                #16

                                It's not about having or not having a backup, it's about personal data that was lost by Best Buy that could be used for identity theft. Granted, she could have asked them to take out the hard drive and give it to her since the problem had nothing to do with it.

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                                • E Ennis Ray Lynch Jr

                                  If only more would come to the same conclusion I did years ago. When a company's corporate office states, "We don't need your business that bad", I justifiably believe they don't need anyones and encourage everyone to not shop there.

                                  Need a C# Consultant? I'm available.
                                  Happiness in intelligent people is the rarest thing I know. -- Ernest Hemingway

                                  M Offline
                                  M Offline
                                  Machaira
                                  wrote on last edited by
                                  #17

                                  What company isn't like that though?

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                                  • M martin_hughes

                                    Draugnar wrote:

                                    Do you know the meaning of frivolous?

                                    Yes I do - and remember this: while court time is wasted debating the plausibility of handing out $54m, other more serious cases are going unheard.

                                    D Offline
                                    D Offline
                                    Draugnar
                                    wrote on last edited by
                                    #18

                                    But the courts aren't concerned with and don't debate the amount at this stage. Their consideration is whether or not the case has merit at all. The only times amount comes in to play is during the findings if the judge feels that the "winnable" amount is small enough for small claims court (not likely considering how she was treated and their stall tactics) and by the jury if they find the defendants were negligent and liable.

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                                    • M Machaira

                                      What company isn't like that though?

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                                      D Offline
                                      Draugnar
                                      wrote on last edited by
                                      #19

                                      There are plenty of companies not like that. But most of them are smaller and believe in customer service. I'm the head of IT (head of 2 people, WOOHOO!) and I spend at least 4 hours a week doing customer service handling questions that are beyond our CSRs' ability to answer. A couple of weeks ago, I walked a customer through our registration process and helped him build his emergency profile (for more info, look up Road ID online, don't want to advertise here). It took me a good half an hour and yet we only charge $20 for the ID, so we lost money on that one. But, this person knows many other people who could use our product. So it resulted in good will and a glowing review for our helpfulness. I buy all my groceries from a smaller chain. They have a great pharmacy and I've gotten to know the people. I may pay 10-15% more, but the personalized service and the attention to detail (the baggers know how finicky we are about cleaning suplies and food NOT being in the same bag, for instance). Anytime I can, I deal with small businesses as they understand customer service is the life blood of their business. When you are small and live by word of mouth referrals and return customers, customer service beyond the sale has meaning to you. So, next time you go to buy anything which may need follow-up service think about who will provide the best service after the sale. The little guy will. He knows your business is important and will do what it takes to get you to come back to him again and again.

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                                      • O Oakman

                                        http://redtape.msnbc.com/2008/02/a-lost-laptop-a.html#posts If her suit is successful, I wonder what it will do to the savings Best Buy thinks it realizes from outsourcing its help desk.

                                        Jon Smith & Wesson: The original point and click interface

                                        S Offline
                                        S Offline
                                        SD SteveG
                                        wrote on last edited by
                                        #20

                                        It looks like BB is losing millions a day in lost sales, because of this case. They will probably lose well over 54mil before it's over.. Just look at how many comments are left on the original document link.. amazing They should be offering her several thousand dollars to resolve this immediately.. Just more corp bullsh*t, they can't do anything timely, everthing has to stamped and checked by the entire line of suits. I have always disliked extented service plans, and never purchase them. It's like paying more for a product that already has warranty, some people are just paranoid and gullable.

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                                        • M moon_stick

                                          Howard Richards wrote:

                                          leaving sensitive information on a laptop leaving her possession is negligence on *her* part

                                          Perhaps, but bear in mind that the power switch on the computer was broken so she couldn't access the data on the computer. Not everyone is able to take apart their computer, she might not have had another machine in which she could put the drive and it could've invalidated the extended warranty she bought. I think the negligence lies entirely with Best Buy and not the customer - they were in possession of her equipment and therefore it's their responsibility to ensure its security. I hope she wins the case and gets awarded a reasonable amount of cash (not $54M obviously!).

                                          It definitely isn't definatley

                                          A Offline
                                          A Offline
                                          azonenberg
                                          wrote on last edited by
                                          #21

                                          Removal of sensitive data is unnecessary. Encryption - at all times - is mandatory. Whenever I type anything more sensitive than my name and Windows logon password into my computer, I encrypt it using a program I wrote called AESPad (think WordPad meets Crypto++). It encrypts the data using 256-bit AES (in CBC mode) - combining a password with a key stored on a hardware token to enforce full two-factor authentication. Every time you hit the save button, data is encrypted - cleartext is never placed on the hard drive. (Needless to say, I have two copies of the key device to protect against coffee spills. They are never within five feet of each other.) Regarding backups, I back up all of my data onto an external HDD every week (sometimes more often if I do something really important). Every few months, everything truly critical gets burned to DVD and mailed to out-of-state relatives for secure offsite storage. Her only expenses should be replacement of the hardware (Best Buy already offered this) and the cost of recreating a few DAYS (not years) of data. When she dropped off the computer for servicing, she probably signed a contract stating that Best Buy would NOT be liable for lost data, only for damaged or stolen equipment. Settle for $3000 or $4000 and call it quits before the judge throws your case out.

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