T-MOBILE HAS BEEN SUED for losing SideKick users' data, despite the fact that it was really caused by Microsoft's Danger subsidiary.
T-Mobile was hit with two separate class-action lawsuits alleging that the company misled consumers into believing that their data was secure.
Sidekick user Maureen Thompson alleges in a lawsuit filed in federal district court in San Jose, California that one of the major selling points of Sidekicks was that users always had access to their personal data, and that such data would and could properly be entrusted to the defendants to maintain and retain, safely, securely and always available.
Thompson claims she "suffered a complete and catastrophic loss of all data", including appointments and contacts. Her daughter, an aspiring model and singer-songwriter, lost photos and lyrics she wrote that she had stored on the device.
Thompson's lawyer, Michael Aschenbrener of Kamber Edelson claims that Thompson and her daughter chose Sidekick to avoid the very scenario that occurred.
The other lawsuit was filed in a Washington state court by Oren Rosenthal, who claims that T-Mobile's advertising did not disclose that T-Mobile had no backup to ensure that customers' stored data could be retrieved if there was a failure.
T-Mobile is confident that it will get most of the data back and is offering $100 to those who lost data.
Microsoft said that most, if not all, customer data for those Sidekick customers whose data was affected by the recent outage is retrievable.
It plans to start restoring users' personal data as soon as possible, starting with personal contacts, after it has validated the data and its restoration plan.
A spokesVole said that it will work around the clock to restore data to all affected users, including calendar, notes, tasks, photographs and high scores, as quickly as possible.
It now appears that a minority of Sidekick users have suffered data loss, the Vole claims.
Microsoft is suggesting that users log on to the T-Mobile Sidekick forum for the latest updates about when data restoration will begin.
However it looks like the US 'class action for hot coffee' legal system has beaten it to the punch. µ