Oct 142009
 October 14, 2009  Posted by  Breaches, Business, Court, Featured News

It was only a matter of time, right? How much time, you ask? The Sidekick service disruption occurred last week, and a class action lawsuit (pdf) was filed against T-Mobile USA by Oren Rosenthal in Superior Court in Washington on October 12.

The lawsuit, which alleges negligence, breach of contract, and violation of Washington’s Consumer Protection Act, claims that Sidekick’s advertising never disclosed the risk of loss of data from a failure of the device and/or a disruption of the service, and that none of its advertising disclosed that T-Mobile had no backup or other retrieval system to recover data if there was a failure of the “Sidekick” device and/or a disruption of the service.

Hat-tip, Courthouse News.

Update: a second lawsuit has been filed.

Update 2: Cnet reports that a third case was filed in California this week.

Update 3: Microsoft is now claiming that it has recovered most of the data.

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