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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."
it seems pretty standard.
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...incompetent, not criminals
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."
it seems pretty standard.
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>
NERDS!!!!!
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.
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.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
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?
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.
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.)
There doesn't appear to be a fraud claim asserted in the pe ion, for whatever that's worth.
I imagine that would be up to the other customer, wouldn't it?
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.
NERDS!!!!!Nice
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.
Those guys are ing 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.
I am only speculating and the legal process needs to take it's course, but yeah, I doubt any malice is involved.
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.
Why did Bowen have a Gateway?
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.
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.
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.
I'm thinking it will be settled, but two of those four counts probably wouldn't stand up through a trial.
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?
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