Man Successfully Sues Apple Over Lost Photo's And Contact Data
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A man from London has won a case over his iPhone data, which was deleted by Apple employees.
Deric White from Pimlico in London lost everything he had stored in his iPhone 5 after staff in the Apple Store on Regent Street had apparently deleted it all.
On December 11th last year, Deric went to the Apple Store with his iPhone 5 after receiving a text message that said there was something wrong with his phone.
It was only when the phone was returned to him by Apple staff did he realise that everything had been wiped.
It appeared that the Apple staff had not previously warned or asked Deric if he had made a backup of everything that was stored on the iPhone before wiping it.
Mr White, who appeared in court on Monday 30th November said that staff at the store had returned his iPhone saying that it was "sorted".
It was only after he had returned home that he realised all the data had been wiped.
The precious memories that were missing from the phone included his honeymoon photos and 5 years of contacts.
His favourite video was also deleted from the iPhone, a honeymoon movie of a giant tortoise biting his hand.
Mr White has initially sued for £5,000 saying that he wanted to use the money to pay for another honeymoon.
Presumably he would use the photos of the new honeymoon as compensation for the previous honeymoons lost photos.
Deric, who has recently battled cancer revealed that he had recently married and was devastated at the loss of such important memories from his iPhone.
In the court case at the Central London County Court, Judges decided that Mr White had suffered loss and ordered Apple to pay compensation of £1,200.
Deric said "This is a victory for the ordinary persona against a huge corporation" and remarked that "you cannot let these big companies throw their T's and C's at you all of the time".
While this case does raise the interesting question of who is ultimately responsible for an individual's personal data, it was clear that Apple had to take some responsibility for the loss.
Apple staff had changed the iPhones settings without warning Mr White that the phone might be wiped clean.
This will serve as a warning to any Genius Bar employees to be very careful before they make any assumptions about an iPhone owners backup strategy.
Mr White was very happy with the Judgement and his compensation of £1,200 along with £773 in court costs. He said that it was a victory for the common man against multi-national corporations.
To save yourself having to go to the trouble of suing Apple if they fix your iPhone and lose all the data, sign up for an Apple iCloud account.
You can use the iCloud data storage to backup your entire iPhone contents including photo's, emails, videos and settings.
If the iPhone should ever be reset back to it's factory default of 'empty' then you can restore all the phone contents from the iCloud.
The steps to a successful backup strategy are 1) Sign up for one of the best iPhone deals on this site 2) Sign up for an iCloud account 3) In the iPhone settings set the phone to backup to iCloud.