Bruce Bowen seeks more than $2 million in damages from Computer Nerdz

[Useruser666]

http://www.thesmokinggun.com/archive/years/2007/0501071bowen1.html


NBA Star Claims Hard Drive Foul
Spur Bruce Bowen says repair firm pulled computer switcheroo

MAY 1--An NBA star claims that a Texas company hired to repair his computer instead removed the machine's hard drive and sold the item--which contained confidential personal and financial information--to another customer. In a Bexar County District Court lawsuit, San Antonio Spurs forward Bruce Bowen seeks more than $2 million in damages from Computer Nerdz, the San Antonio company he and his wife hired last year to repair his Gateway computer. According to Bowen, who this week was named to his seventh NBA all-defensive team, a Computer Nerdz technician told them that the computer's hard drive was damaged and could not be repaired. Since Bowen's computer was still under warranty, he was entitled to a new hard drive from Gateway, though he was required to return the damaged item to the company. Before Bowen sent the hard drive to Gateway, Computer Nerdz "copied all of his information onto discs for later installation onto his new hard drive," according to a November 2006 letter from Bowen's lawyer. Computer Nerdz then gave Bowen back what he thought was his damaged hard drive. But three months later the athlete was contacted by Joy Roan, a Computer Nerdz customer who reported that she had bought a "new" hard drive containing personal and financial information on Bowen and his wife Yardley. Roan called Bowen after finding his home number on the hard drive, which was operational. According to Bowens's complaint, a copy of which you can find below, as "a member of the San Antonio Spurs, they have gone extreme measures to protect their private information from the public." The Bowens are seeking $562,400 in economic damages, $1.2 million in mental anguish damages, $500,000 in exemplary damages, and $25,500 in legal fees. (7 pages)

TSG TV: Our new video venture has nearly 500 clips, from Mussolini to Puffy

E-mail story to a friend.

[leemajors]

he should have just hired mouse for a few sixers of rolling rock.

[saporvida]

should had bought a MAC.... if you do get a PC never trust gateway!

[SpursWoman]

Damn. :(

[SpursWoman]

he should have just hired mouse for a few sixers of rolling rock.


:lol

[Trainwreck2100]

Dial 408-Nerd, and we'll fuck up your shit. HAHAHAHAHAHA

[easjer]

*long low whistle*

Someone sure did fuck that up, didn't they?

[Useruser666]

should had bought a MAC.... if you do get a PC never trust gateway!

They both can use the same brands of hard drives. Although Gateway does suck, this was not Gateway.

[spurs_fan_in_exile]

he should have just hired mouse for a few sixers of rolling rock.
He would have turned around and used the info to create the most accurate Bruce Bowen troll ever.

That is all sorts of fucked up, though. Hope Bruce takes their asses to the cleaners.

[picnroll]

Gateway? What a cheap SOB.

[ducks]

best buy does this all the time also

[spurster]

I don't understand how there can be $2M worth of damages. If a thief steals his wallet, is that worth $2M? UTSA had a data breach with everyone's SSNs. Do they owe $2M to each employee?

I'm sorry, but this looks like a moneygrab by the Bowens.

[ChumpDumper]

I don't understand how there can be $2M worth of damages.If there is anything that could lead to an identity theft from a guy that is probably worth well over $10 million, you bet your ass that's worth $2 million, to say nothing of the punative damages that might stem from the negligence that appears to have taken place, if true.

[SilverPlayer]

I don't understand how there can be $2M worth of damages. If a thief steals his wallet, is that worth $2M? UTSA had a data breach with everyone's SSNs. Do they owe $2M to each employee?

I'm sorry, but this looks like a moneygrab by the Bowens.


It's an issue of privacy and trust. The potential is there for serious abuse, because of what Computer nerdz did. Serious abuse, Selling private photos comes to mind. A hard drive is a lot like a house, with personal items, financial data, etc included. They probably have pictures of their newborn daughter on there. You want some pervert masturbating to pictures of your daughter?

Punitive damages are meant to be big enough to discourage the practice from happening in the future. Its not about winning 2 millions dollars, it's about consumers getting some measure of reasonable assurance that their privacy is respected.

[ChumpDumper]

UTSA had a data breach with everyone's SSNs. Do they owe $2M to each employee?Did they sell the information during the act of a seperate fraud?

[ducks]

dude bruce bowen is worth millions
2 million is nothing he should sue for 40 million

[Das Texan]

Damn that fuckin sucks.


Hopefully Bruce takes those fucks to the cleaners and they are subsequently put out of business.


Bruce got lucky it seems that this lady didnt fuck with his identity.

[SilverPlayer]

What's to stop Computer Nerds from breaking the law again, and selling say your hard drive, if they only have to pay 50-200 bucks for the Bowen's hard drive? Because the law certainly didn't stop them, this time.

[mardigan]

What's to stop Computer Nerds from breaking the law again, and selling say your hard drive, if they only have to pay 50-200 bucks for the Bowen's hard drive? Because the law certainly didn't stop them, this time.
Geek squad just got into trouble as well for doing some shady shit. You just cant trust a lot of these people

[WalterBenitez]

hmmm... got an idea, but probably in ARG... I would in jail trying to sue HP here in ARG because of my notebook's failure. :pctoss

[ShoogarBear]

It looks like Computer Nerdz screwed up big time, but best as I can tell they didn't do anything malicious.

They're incompetent, not criminals.

[conversekid]

Criminal charges will be forthcoming I'm sure... several computer crime and privacy laws broken here.

Bruce - get Truecrypt and never have to worry about someone getting your hard drive again. One of the best open source encryption technologies around.

http://www.truecrypt.org/downloads.php

[ChumpDumper]

It looks like Computer Nerdz screwed up big time, but best as I can tell they didn't do anything malicious.

They're incompetent, not criminals.The hard drive that company usually sells in repair jobs are very brand and model specific. The reselling of Bruce's hard drive as new seems to be really suspect. Determining the criminality, if any, in this case up to the prosecutors with jurisdiction, not Bruce and his civil lawyers.

[SilverPlayer]

It looks like Computer Nerdz screwed up big time, but best as I can tell they didn't do anything malicious.

They're incompetent, not criminals.


I disagree, a hard drive is private property. And as technology progresses it holds more and more intimate family information. They sold it. That's criminal negligence. They knew it was private property, and they sold it. If its one individual that did it, and not a business practice than that may be a defense, but more and more companies have been getting caught doing this...and it is my suspicion that because it was purchased through the same computer nerdz store they knew what they were doing.

[Sec24Row7]

Dunno why the hell he is sueing for 2 million... that is stupid..

[conversekid]

incompetent, not criminals

Criminal law says they are. The Computer Fraud and Abuse Act (recently interpreted to include non government computers); Texas Statutes and Codes Annotated Penal Code... those are just a couple...

[thispego]

Dunno why the hell he is sueing for 2 million... that is stupid..
bruce's lawyer is suing them for 2 mill. it's not like bruce went up to the judge and said "i would like to sue for 2 million dollars, please." :lmao

it seems pretty standard.

[ShoogarBear]

The hard drive that company usually sells in repair jobs are very brand and model specific. The reselling of Bruce's hard drive as new seems to be really suspect. Determining the criminality, if any, in this case up to the prosecutors with jurisdiction, not Bruce and his civil lawyers.
Why would you knowingly sell a hard drive which contains somebody's personal information to somebody else (Joy Roan) who didn't know they were buying it?

What makes more sense:

1. "Ah, ha! We'll keep his hard drive with all his personal information and then sell it to some unknowing schmoe who just might call Bruce and let him know we did it." <twirls moustache>

2. "You idiot, we were supposed to give 985G back to Bowen, not 985B!" <slaps head>

[sa_butta]

http://www.horrordvds.com/reviews/misc/pictures/nerds.jpg

NERDS!!!!!

[ChumpDumper]

Why would you knowingly sell a hard drive which contains somebody's personal information to somebody else (Joy Roan) who didn't know they were buying it?I didn't say they knowingly did that. I think it's more likely they knew it was a used hard drive but didn't bother to make sure its existing data was deleted. As I said, the new hard drives they usually use are of a specific model from a specific company they buy from a single vendor.

[conversekid]

I think it's more likely they knew it was a used hard drive but didn't bother to make sure its existing data was deleted

If that's the case, then no, it wouldn't be criminal; however, they would be liable under due diligence. Sucks to be them. Wiping a drive is about as basic as it gets.

[ChumpDumper]

I don't know about the criminality, but wouldn't it be like some kind of fraud concerning the person who thought he was getting a new hard drive?

[ShoogarBear]

I didn't say they knowingly did that. I think it's more likely they knew it was a used hard drive but didn't bother to make sure its existing data was deleted. As I said, the new hard drives they usually use are of a specific model from a specific company they buy from a single vendor.Which I would classify as incompetence, not malice. First at not make sure they Bruce back his drive, and second at not making sure the drive was erased before they sold it.

[ShoogarBear]

I don't know about the criminality, but wouldn't it be like some kind of fraud concerning the person who thought he was getting a new hard drive?I agree, that part would be fraud. (I had assumed the person knew they were buying a used drive until I went back and reread.)

[FromWayDowntown]

There doesn't appear to be a fraud claim asserted in the petition, for whatever that's worth.

[ChumpDumper]

I imagine that would be up to the other customer, wouldn't it?

[conversekid]

What's the damage to the company as this hits the media? Risk management 101... you can put all the controls in place you want, but if you have untrustworthy or brain dead employees.... you end up with this problem.

[ShoogarBear]

What's the damage to the company as this hits the media? Risk management 101... you can put all the controls in place you want, but if you have untrustworthy or brain dead employees.... you end up with this problem.http://www.nba.com/media/nuggets/nugs_george_karl_295.jpghttp://www.nba.com/media/act_jr_smith.jpg

[mardigan]

http://www.horrordvds.com/reviews/misc/pictures/nerds.jpg

NERDS!!!!!
:lol Nice

[ChumpDumper]

Hmmm, now that I read this more completely it's possible that the other customer did indeed receive a new hard drive, not Bruce's -- but it may have been used to ghost Bruce's hard drive before to get the data off it before they sent it to Gateway. That's the quickest way to get the data off the bad hard drive before it completely fails. Then they burned the data from the new hard drive to the DVDs to give back to Bruce, but they neglected to erase the data from the ghosted hard drive before they installed it into the other customer's computer.

So it could indeed have been a new hard drive the customer received -- just one that unfortunately had Bruce's personal data copied onto it. Poor procedure and very sloppy work by possibly multiple technicians if that is the case.

[conversekid]

http://www.nba.com/media/nuggets/nugs_george_karl_295.jpghttp://www.nba.com/media/act_jr_smith.jpg

:lol :lol Priceless

[Horry For 3!]

Those guys are fucking idiots whoever did that. If they really wanted his information, all they had to do is copy it onto a CD and repair his hard drive. Then hand it back to him.

[ChumpDumper]

I am only speculating and the legal process needs to take it's course, but yeah, I doubt any malice is involved.

[conversekid]

If I was Computer Nerdz I would fire those clowns, make a public apology, settle out of court with Bruce, and retrain all their staff.

[Kori Ellis]

Why did Bowen have a Gateway? :wtf

:)

[ChumpDumper]

That's probably all that would be necessary, though there could be some difficulty explaining some of the more technical aspects involved. I think they've enjoyed a fairly good reputation in the past.

[ChumpDumper]

It should be pretty easy to determine which hard drive is Bruce's original and which are sold by the company, though it might take awhile to get ironclad confirmation from Gateway.

[Despot]

MAN!! Why can't can't something like this happen to me??

Just once I would like for the laudromat to mistakenly give my wife Eva Longoria's nighties.

Seriously though, I don't think Bowen or his lawyer expect to get anything near that much. I'll go out on a limb and say that the high amount and suit is meant to bring attention to what this company is doing.

[ChumpDumper]

I'm thinking it will be settled, but two of those four counts probably wouldn't stand up through a trial.

[Despot]

If I was Computer Nerdz I would fire those clowns, make a public apology, settle out of court with Bruce, and retrain all their staff.

This is an easy way to turn a defective hard drive that they have laying around, into a working hard drive that you can sale.

How big is this company?

[ChumpDumper]

I'd bet money that Bruce has his original hard drive and it is indeed failing/failed.

[Despot]

I'd bet money that Bruce has his original hard drive and it is indeed failing/failed.

Then how did the customer get a drive with his info on it? they restore the wrong hard drive with Bowen's data?

[timvp]

Hey, when you play for Peter Holt, you have to take the money where you can get it. Michael Finley is making more money this year from Mark Cuban than Bowen has made in his career with the Spurs.

[ChumpDumper]

Then how did the customer get a drive with his info on it? they restore the wrong hard drive with Bowen's data?No, they copied the information to that new drive before putting it on DVDs for Bruce. Then they installed it on the other customer's computer without deleting the copied information.

[rasho8]

Sweet... CompNerdz is as inept as all my clients say they are, this just proves it... and can only expand company.

Keep fuckin up, first GeekSquad videotaping a client in her shower and now this for the Nerdz.

[Larry89]

Bruce should motherfucking karate kick those bitches

[Aggie Hoopsfan]

Kori already beat me to it, but WTF is Bruce doing with a Gateway?

[ChumpDumper]

I'm more curious why they care that much about using the warranty on a $100 hard drive.

[ShoogarBear]

I'm more curious why they care that much about using the warranty on a $100 hard drive.Hey, when you play for Peter Holt, you have to take the money where you can get it.

[SANANTOJAMES]

This isn't the first time I heard of Computer Nerdz messing up like this.

If anyone in here needs computer work go to Altex Electronics, I hear they are the best.

[The_Worlds_finest]

"$562,400 in economic damages, $1.2 million in mental anguish damages, $500,000 in exemplary damages, and $25,500 in legal fees." A little steep in all the areas but legal fees but you have to start somewhere. This could shed light on to something that happens more often then reported

[johngateswhiteley]

he should have just hired mouse for a few sixers of rolling rock.

plus, rolling rock tastes like shit...

[mikekim]

Kori already beat me to it, but WTF is Bruce doing with a Gateway?

At least it's not an emachine...although they may be pretty much equal...

What kind of sensitive data "as a San Antonio Spur" would be on the hard drive? Maybe some trick plays drawn up by the coaching staff?? Potential trades? Scouting reports? Future draft profiles??

Maybe Bruce is being groomed as Buford's replacement?? Could explain why they're being so protective with the huge lawsuit..

hahah..of course...I'm merely speculating out my ass...

[Marcus Bryant]

Hey, when you play for Peter Holt, you have to take the money where you can get it. Michael Finley is making more money this year from Mark Cuban than Bowen has made in his career with the Spurs.

No doubt. Why is it that the 3 and 5 seem destined to grow weaker over the next couple of seasons?

[rasho8]

This isn't the first time I heard of Computer Nerdz messing up like this.

If anyone in here needs computer work go to Altex Electronics, I hear they are the best.

Hell with that, call me. My company has the best prices cause we charge barely over what it costs us and we are authorized sellers.

If you need computer stuff, car audio, anything but home electronics we get it for mad cheap with our distribution hook-up.

Prism Technologies Group.
www.prismtechgrp.com

Check it out, Im rebuilding the website so there is only contact info right now.

[Amuseddaysleeper]

At least it's not an emachine...although they may be pretty much equal...

What kind of sensitive data "as a San Antonio Spur" would be on the hard drive? Maybe some trick plays drawn up by the coaching staff?? Potential trades? Scouting reports? Future draft profiles??

Maybe Bruce is being groomed as Buford's replacement?? Could explain why they're being so protective with the huge lawsuit..

hahah..of course...I'm merely speculating out my ass...

honestly, $20 says Bruce has some freaky hard to find porn in there

:lol

[WalterBenitez]

Why did Bowen have a Gateway? :wtf

:)

It's a kind of lottery ticket, the computer sucks and you sue them!? :D

[101A]

I didn't say they knowingly did that. I think it's more likely they knew it was a used hard drive but didn't bother to make sure its existing data was deleted. As I said, the new hard drives they usually use are of a specific model from a specific company they buy from a single vendor.

Bettin they didn't sell the used one: they sold the one they (temporarily) copied the used one onto - before transferring the data to the Bowen's new drive. They failed to erase the temporary repository of data, IMO.

[101A]

No, they copied the information to that new drive before putting it on DVDs for Bruce. Then they installed it on the other customer's computer without deleting the copied information.

$100 is $100

[ShoogarBear]

$100 is $100Peter, is that you?

[ChumpDumper]

Bettin they didn't sell the used one: they sold the one they (temporarily) copied the used one onto - before transferring the data to the Bowen's new drive. They failed to erase the temporary repository of data, IMO.That's exactly my amended guess. I said I'd bet money on it as well.

http://www.spurstalk.com/forums/showpost.php?p=1624381&postcount=51

[Man of Steel]

I don't understand how there can be $2M worth of damages. If a thief steals his wallet, is that worth $2M? UTSA had a data breach with everyone's SSNs. Do they owe $2M to each employee?

I'm sorry, but this looks like a moneygrab by the Bowens.

Damages man.

Damages.

Infliction of emotional distress.

Invasion of privacy.

Breach of warranty.

Breach of contract.

The company is going to setting for about 350 k.

[leemajors]

I'm more curious why they care that much about using the warranty on a $100 hard drive.

if it was a warranty repair, at least in my experience with Apple, done by a licensed service provider of a company, once the defective HDD is replaced it becomes the property of the company - gateway in this case. i am not sure if gateway works in the same fashion, but i would imagine this would at least result in the revoking of their service license with gateway. furthermore, i thought any repair place worth its salt has a server with at least a terabyte of storage space for storing data. there should have been no need to put it on another HDD that could be used later.

[easjer]

Money grab? Legal numbers are always inflated - think of it as a negotiating point.

[ChumpDumper]

if it was a warranty repair, at least in my experience with Apple, done by a licensed service provider of a company, once the defective HDD is replaced it becomes the property of the company - gateway in this case. i am not sure if gateway works in the same fashion, but i would imagine this would at least result in the revoking of their service license with gateway.What service license?
furthermore, i thought any repair place worth its salt has a server with at least a terabyte of storage space for storing data. there should have been no need to put it on another HDD that could be used later.You'd be surprised at how some of these places work.

[leemajors]

What service license?You'd be surprised at how some of these places work.

i was assuming they were contracted by gateway to do authorized repairs, i have no idea if they actually are though.

[stranger]

Hmmm, now that I read this more completely it's possible that the other customer did indeed receive a new hard drive, not Bruce's -- but it may have been used to ghost Bruce's hard drive before to get the data off it before they sent it to Gateway. That's the quickest way to get the data off the bad hard drive before it completely fails. Then they burned the data from the new hard drive to the DVDs to give back to Bruce, but they neglected to erase the data from the ghosted hard drive before they installed it into the other customer's computer.

So it could indeed have been a new hard drive the customer received -- just one that unfortunately had Bruce's personal data copied onto it. Poor procedure and very sloppy work by possibly multiple technicians if that is the case.

This is probably closer to what happened. BTW, I am the "stranger" mentioned in the article. I am actually now trying not to answer media questions as the whole thing seems to have gotten very confused, but this article is more accurate as to what happened:

http://www.mysanantonio.com/sports/basketball/nba/spurs/stories/MYSA050307.01A.bowen.3573df3.html

Basically, in my opinion, the Nerdz were very irresponsible in leaving a hard drive with backup photos and documents lying around the office where a newbie could accidentally pick up that hard drive and attempt to install it in someone else's computer.

And, on top of that, they misplaced my hard drive. Of course, I'm not a Spur, but still, is my missing hard drive possibly now installed, or in danger of being installed, in someone else's computer? Because I never got my old hard drive back...they supposedly couldn't find it.

This issue isn't about Bruce Bowen or the Spurs or being famous...it's about computer technicians not being thorough and responsible with the data they handle. Computer fraud, identity theft...these are serious issues these days.

Had Bowen's hard drive ended up in the hands of someone more unscrupulous than me, who knows what that person might have tried to do with the information on that hard drive?

[Kori Ellis]

Had Bowen's hard drive ended up in the hands of someone more unscrupulous than me, who knows what that person might have tried to do with the information on that hard drive?

Well thank goodness for that. You are a good person, stranger. I'm glad you just sought him out and let him know, instead of what you could have done. :clap

[timvp]

Had Bowen's hard drive ended up in the hands of someone more unscrupulous than me, who knows what that person might have tried to do with the information on that hard drive?

Wow, welcome.

Props for reporting it to Bowen. That should be worth a couple karma points.

So was there any juicy Spurs related info on that computer?

:smokin

[ChumpDumper]

Welcome stranger.

You did a good thing.

[stranger]

I honestly didn't look through the info much more than was necessary to determine that it was Bowen's and not a fan's. When I realized it actually must belong to Bowen, since there were legal and financial documents on there, I read nothing and just sought some contact info so I could return to him what was his. I definitely did not want to return that drive to the Nerdz to where this could happen again.

[Kevin Blackistone]

I honestly didn't look through the info much more than was necessary to determine that it was Bowen's and not a fan's. When I realized it actually must belong to Bowen, since there were legal and financial documents on there, I read nothing and just sought some contact info so I could return to him what was his. I definitely did not want to return that drive to the Nerdz to where this could happen again.

Joan, is that you?

[Useruser666]

Everyone is missing the most important thing this thread has brought out.

The "stranger" handle wasn't taken on this board yet!!! Unbelievable!!!