What to do if a computer manufacturer recently serviced my laptop and in the process purposefully deleted my data without permission?

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What to do if a computer manufacturer recently serviced my laptop and in the process purposefully deleted my data without permission?

File backup is supposed to recommended by representatives before sending in computers but this was not done in my case and a call to the center during repair promised the data was safe. The fine print in the terms mentions they are not responsible for data loss, but this information was not readily available over the phone. HP alos refuses to release the call logs in which I would have proof that I was not warned. The loss of data has severely affected my school work and part time employment. Can I sue and how much would the settlement be?

Asked on March 28, 2013 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You probably can sue, but you'd likely recover comparatively little: in cases like this, the recovery or compensation is typically limited to the cost of replacing the data itself (e.g. buying new books or video or music files) and does not include compensation for the time it takes you to do this, or the impact on schooling or employment, or emotional loss (e.g. if there was anything special to you on the machine). Bear that limitation in mind when deciding whether to sue and, if you do sue, whether to retain an attorney or represent yourself (pro se).


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