Tablets

Don't blame Motorola for not wiping returned Xooms

Consumers must take responsibility for protecting their personal data and stop relying on manufacturers or retailers to wipe returned devices.

Motorola XoomMotorola Mobility announced last week that approximately 100 refurbished Xoom Wi-Fi tablets sold by Woot.com had not been wiped of the original owner's personal data. The affected tablets were sold between October and December 2011. The company asked buyers of the refurbished units to return them and is offering the devices' original owners a complimentary two-year membership of Experian’s ProtectMyID Alert.

I'm glad to see Motorola stepping up to the plate for the customers who returned their Xooms without wiping them, but I don't think they're to blame for the debacle. Wiping a personal device prior to returning it is the owner's responsibility, plain and simple. And, not knowing how to wipe the device is no excuse. You just bought a Wi-Fi only device. Doing so implies that you know how to access the Internet, and that you should know how to type "wipe xoom", "xoom factory reset", or "delete all xoom data" into a search engine.

As Motorola said in their statement, "Original owners who performed a factory data reset prior to returning the device are not impacted."

One caveat: As TechRepublic member Rymech99 noted in the discussion thread, there are times owners might not be able to wipe their devices. If the display stops working, the operating system crashes, the touchscreen sensor fails, or the device won't power on, owners may not be able to wipe the device. If this is the case, owners are in a tough spot. Depending on the device and type of damage, you might be able to wipe it remotely or via a computer connection, for example through iTunes. If the device really is dead, there's likely not much the average consumer can do other the physically destroy the device (bad if you need to return it) or trust the manufacturer to wipe the data.

Transformer Prime comes with previous owner's data

Last week, I wrote about my very own experience with an Asus Transformer Prime that came complete with the previous owner's personal data. I did the right thing. I immediately preformed a factory reset, returned the unit to the retailer, and notified the previous owner. But, everyone may not take these same steps.

I asked the TechRepublic audience if they had ever returned a device without wiping. Of the more than 550 members who responded, nearly 10 said they had.

I included instructions for wiping iOS, Android, and Windows Phone 7 devices my previous article, but here they are again.

  • iOS: From one of the Home Screen, press Settings, scroll down to and tap General, and then select Reset. From the Rest screen, choose the option Erase All Content and Settings. Read the warning and tap Erase iPhone.
  • Android: From the Home screen, press the Menu button and then Settings. Select Privacy and press Factory data reset. Read the warning message, select the Erase SD card box if you want, and press the Reset phone button.
  • Windows Phone 7: Swipe or tap the arrow on the Start screen and then scroll down to and tap Settings. Scroll down to and tap About and select “reset your phone”. Read the warning message and click “yes”.
Update 2/10/2011 3:03 EST: Included comment from TechRepublic member Rymech99.

About

Bill Detwiler is Managing Editor of TechRepublic and Tech Pro Research and the host of Cracking Open, CNET and TechRepublic's popular online show. Prior to joining TechRepublic in 2000, Bill was an IT manager, database administrator, and desktop supp...

63 comments
LeCreaux
LeCreaux

We have jobs because there are non-IT people out there who need (and pay) us. We need to NOT mock them to our peers. Hopefully our doctors are not mocking our health habits to their peers and sharing our x-rays with each other for fun. As professionals, if that's what we are, we should take care of our customers and not expect them to know what the heck they're doing.

laBaronRouge
laBaronRouge

Ok, I have seen both sides of the arguements and I do agree it's stupid to return devices with personal info on it. I would like to hear what options(reasonable suggestion) one have when a device is death and is full of personal info? Just remember a lot of the handheld devices have non-removable storage media

AudeKhatru
AudeKhatru

It's stupid to return a device with your personal data. It's criminal (or should be) for a company to send out a device with unknown personal data on it. Yes, the user who sent it back was stupid, but the vendor is still responsible for sending me a device in like-new condition. I not only expect them to wipe the device before sending it to me...especially since it's so easy, as you say, but I also expect them to test it before sending it to me. Refurbished does not mean repackaged. It means to furbish again, to make it as close to like you as you can. Would you complain if a refurbished car came with the original owner's cigarette butts all over the floor? Would you complain if your refurbished sofa came with the original owner's change still wedged under the cushions...okay, bad example, but you get the point. I saw the same thing happen at Dell, and I find it ridiculous. Do we actually have to create a legal definition of what refurbished means? It has to mean more than "we checked that all the parts were in the box." I guess that today, refurbished just means...reshrinkwrapped.

laBaronRouge
laBaronRouge

I think IT IS Motorola's responsibility. I know I should wipe the device before I return and I do. But, there were a few occasions where the device is so badly designed that it wouldn't allow wiping, such as the software would crash everything you try it or in other cases that the device ceased to function all together. If I were to destroy the device to a point that the information cannot be recovered, it would have voided the warranty. That's why it is the manufacturer's responsibility to double check after they repaired the product.

mousejn
mousejn

I think you expect to much from the public. The only reason they run an anti-virus program is they have been hit by malware. Why is there more money in Cyber Crime than drugs? Consumers are stupid.

sjohns14
sjohns14

It's not a simple an issue as the author is making it out to be. Often when you return an item to the store you don't know until consulting with sales associate whether your item is going to ne repaired or replaced. If its a relatively new item and you know that you are returning the item for a refund, then obviously wiping your data is the responsible thing to do, But I would wholly expect any responsible manufacture to wipe your data during the refurbish process. I personally have returned an Apple Ipad the Apple replaced and watched the Mac Genius wipe it out right in front of me.

croberts
croberts

Sure, that is all fine and dandy but even if a customer "wipes" their device, all data can still be retrieved. The customer would have to know how to use RSD Lite and acquire the stock SBF file through unorthodox channels (i.e. xda-developers) in order to truly wipe their data. A true wipe process cannot be done easily from within the GUI. You have to install multiple ADB drivers, and go through about a 17 step process to truly write then overwrite your data to prevent it from really being recoverable. The OS's build in "wipe" function is not sufficient. The same applies to any Android device, iPhones, Windows phones, computers, etc. I can format a hard-drive, then undelete everything. On that sidenote - if you are not using CCleaner to do at least a 3-pass overwrite before you sell a device (that contains any kind of storage: be it flash, hdd, or otherwise), then you are just asking for all your personal files to restored/viewed and possibly upload to the net by the next owner.

pacsguy
pacsguy

Why not just say the real number? I guess if the real number was one or two, then "nearly 10" sounds a lot more dramatic. I know that's not the point of the article but it cracked me up so I had to comment.

RobertMoore12
RobertMoore12

Just because they tested everything and made sure it is working does not mean they checked to see if someones data is still on the device.

Fyrewerx
Fyrewerx

Any company, whether Motorola, an authorized station, or independent, that does NOT make a data wipe one of the first steps in the refurb process, cannot be trusted to produce a good end product. If they cut out a simple step like the wipe, they're bound to cut other steps, to "save money". Customers end up with a shoddy product they won't be satisfied with in the long run.

norwich-computers
norwich-computers

This is utter nonsense. A grown up company like Motorola should be wise enough to know that some clients do not have the expertise or common sense to wipe their devices before they are returned and should themselves double-check that the customer has wiped the device they have returned. As a customer returning a failed or unwanted device, you would think the manufacturer would be professional and have procedures in place to ensure your security. It is a matter of professional courtesy and customer service.

jeff.henry
jeff.henry

While a user should know how to wipe their device before they sell or return a device the company should do a wipe on it before boxing it up for resale. What if I returned a device and did wipe my data but also installed some malware when I was finished? I just feel that if you send something back the company reselling the device should either wipe it to nothing or refresh the device to how it would be if brand new.

Interactive Communication
Interactive Communication

first when you buy a car, do you intrust the dealer and the mechanics to experiment with security issue with your purchase? the truth of the fact most security measure are all manufactors fault. google puts out there great developer products, if the manufactor creates a product, the manufactor should have their recomendation on wich leading IT companies can provide the service all internet users deserves. microsoft has been doing this for ages, they build a unfinish product year after year, or operating system after operataion system, at the cost to theconsumer. The majority of the time on the internet is cya on your system rather then true collaboration for a phiscal profit. listen i could not find a answer for the letter b in my encryptiuon of security strategic defense. the answer is Bussiness, what other might do online is is not ther concern of the real IT (Intergrating Technology) Community. were is the old traditinal concept were the tech geeks can battle for billiondollar encryption contract. the well spent advertising dollar will leverage the common user to spend money on real virtual products. the bottom line $ talks and customer walk away from defaulting product wich supress the possibilty of advancing the bird.com error jean paul G

mmichalski88
mmichalski88

Bill, Just want to point out that it appears your directions for how to wipe an Android phone apply to the Motorolla variant. For an HTC device you would go: Home Settings SD&phone storage Factory data reset This is one of the reasons in my opinion why the fragmenation of Android is preventing it from surpassing that of Apple.

jim
jim

I once purchased a couple of dozen computers for my school, from a recycling/resale place for education. When the boxes came, they had ID stickers that identified them as coming from an unmentioned State office of Social Services. On a sticker on the side of EVERY machine was the previous user's personal ID information, including his Social Security number. I called the recycling company to inform them of this major oversite. By the way, this was back in the early 2000's.

Chug
Chug

Although I agree with the basic idea of the article that if the user is concerned with privacy they should take the responsibility to wipe their info from the device before returning it, that does not absolve the company of their responsibility to the remainder of their customers. As two other posters said, "refurbished" implies that the item has gone back to the factory, inspected, and returned to like new condition. And if I buy such an item labeled as "refurbished" then that's what I expect to get. If the manufacturer isn't taking the trouble to do that, then the item shouldn't be sold as "refurbished", it should be sold as "used". EDIT: I guess I should have clicked the "view all comments" button before posting this as I see now this has been addressed by many other posts. I guess maybe the title of the article is misleading. The title sets the tone with which I read the rest of the article. With a title of "Don???t blame Motorola for not wiping returned Xooms", by my above and several other poster's argument, I absolutely DO blame the manufacturer, although for a different reason than the article discusses. If the title of the article had been something like "Users must take responsibility for own data on returned devices", then I would have been more in agreement.

realvarezm
realvarezm

First of all probably that device wasnt completly refurbished, i worked for a couple of months in a company who did that and all the proces was long and with lots of checkpoints. So the dilio for Motorola was the way those clients will perceive it. In every product delivered either brand new or refurbish. Quality is a major fact. So what i think is that Motorola was afraid is look like a disconsidered and irresponsable brand. As for the poll, like i've said it before 90% of the people who read Tech Republic are technical oriented readers whose average skills are at least change a malfunctioning Hard drive and RAM memory in any machine from a laptop to a server.

Al_nyc
Al_nyc

How can Motorola sell a refurbished device without restoring back to the way it would have left from the factory? What if the returning customer left a bunch of porn on the device and then the device ended up in the hands of a child? It's very bad news to have this happen.

tripplec
tripplec

Many of todays device short of those with a HD. Cannot be wiped as stated if an hardward faiure exists. I had such and incidence once with a Palm Treo 680. I managed to delete some of the contents via a USB drive connection but not all. As also stated if the product is refurbished the OS whatever it is should be clean factor image with all other partition purged before hand. With many of todays smartphones the contents can be hacked and access by so many means that I don't put any private or valuable content as I used to carry on my Palm Treo. I still use it though as a PDA only now since Android is buggy and there are so many apps that can or may be scanning content including Google monitoring what I do. I revert to my laptop for those communications and storage. But owner need to make the best efforts to purge the data and/or reset the device before returning it or sending it in for repair.

Ron_007
Ron_007

Yes, manufacturers should have a policy of wiping returned devices. Apparently this one did, but there was a failure. They identified the failure and appeared to have come up with a responsible reaction to the situation. Yes, users should know enough to wipe before returning. But users are users. Anything more advanced than a toaster or VCR is stretching their span of knowledge. As part of the written returns procedure, user should be encouraged to do the wipe. If they can't, there should be some way for them to clearly indicate on the device that it has not been wiped. Retailers also have to be held accountable. When a device is returned, they should be asking if it has been wiped. If it has not, they should be required to make note of that on the return documentation, to emphasize need for wiping at factory.

OldHenry
OldHenry

Is not the same as wiping data. It makes it harder to get but the data is still there until it is erased or overwritten.

Gisabun
Gisabun

If you return a piece of hardware to the store, it should be the responsibility of the store to make sure the data is wiped before they can sell it as refurbished [oh we'll assume they do that and not sell as new!]. There are a plenty of novices out there who wouldn't think of wiping the data. Some can't even figure out the difference between RAM and a hard disk [I had one who thought data might be stored in ther screen as well!] If you return it to the manufacturer, the manufacturer must "clean" it or dispose of it properly.

Bill Detwiler
Bill Detwiler

That's just my point. Consumers should know how. Yes, manufacturers should wipe all data from refurbished. Yes, it should be easy to wipe your data from a device. Yes, consumers need better tools to wipe data from their devices. But just as we know not to put metal forks in the microwave, we as responsible consumers should know how that we need to wipe our devices and how to do it.

Realvdude
Realvdude

If I tried it and returned it to the store I bought it at, I would expect that I am at least repsonsible for deleting my data from it. If the device is returned as defective, I would at least delete my data if possible, but would also have the presumption that during the course of diagnostics and repair, the device would be at the very least, reset back to factory condition. It is easy to say in a technical community "you should know how", but as consumers we should not have to "know how".

jemorris
jemorris

I had a friend who worked at a warranty repair center in the northern part of the central U.S.A., and this center worked on many brands of cell phones. My friend shared with me that many of his co-workers had purchased their own PC interface cables for various models of the phones for the specific purpose of downloading pictures and whatever else tickled their fancy. He told me that I would not believe all the different types of pictures people took with their phones especially personal intimate photos. Often these other co-workers would "trade" pictures amongst themselves and on the web. Management was aware the repair techs often downloaded pictures, etc... from the phones to be repaired but officially the practice was frowned upon.

w7rms
w7rms

You're assuming that all the returned devices were fully functional and capable of being wiped by the original by the original owner. How are you supposed to wipe a non responsive device.

JohnMcGrew
JohnMcGrew

Ultimately, I too believe that consumers need to be responsible for their own data, which of course includes making sure that any personal information is purged from any device before it is let free of their possession. However, Motorola (or whomever) owes it to their customers that any "refurbished" device is, in fact, refurbished. [b]What if the first owner had implanted (either accidentally or on purpose) some form of malware on that device?[/b] The next buyer is expecting a "fresh unit", not only free of other people's data but dangerous code as well. As responsible consumers, [b]should we also be "taking responsibility" by rooting every "new" device because of the possibility that the manufacturer didn't do their job?[/b]

weaved
weaved

Bad assumption that the user could wipe the data before returning. Maybe the device was dead. Good technical writers should be able to think through those kind of contingencies. Besides, I would expect a refurbished machine to have had the drive wiped. Otherwise, what does "refurbished" mean?

BamaBob22
BamaBob22

The user has ultimate responsibility over the data entered into the device. However, the assumption you???re making is that the device can be reset. How many devices were returned because a power issue? A shotgun approach to blame the owner is not something I expected in your article. Until I see the raw data for each device, making a blunt accusation 'the owner' is irresponsible - is irresponsible on your part. I can image the user is told the same device will be returned after a ???minor repair.??? Once on the bench, surprise for everyone! A refurbished unit is returned to the owner due to the unexpected repairs required. Your article expects the owner to have some sense of knowledge of the device as a pre-requisite for ownership. Manufactures are advertising how simple the device is to use and owner???s manuals are getting thinner on content. Heck, I've owned a camera for two years and still learning all the features within the complex menu system. I would suggest tech support to remind the user to reset the tablet when returning for repair ??? assuming the device can be powered to allow the reset. Once it is determined the device needs extensive repair, it is returned to factory conditions as a part of the refurbishing process. Until personal data is stored separately on a owner replaceable storage device ??? the owner and tech support are responsible for the content of personal data. There's no excuse for anything less.

Interactive Communication
Interactive Communication

the question i pose to illustrate my understnding is, does the doctors need to pay for security measure. is a lock one a office good enough to maintain with in accordance of the law. The problem is the practice of the peers online. to illustrate the secondary circumstance is, old people and many user have the same discomfort of using th information highway because they force to think at the same wave length of your peers. i ask you ifyou wanted to play flag football would you enjoy to to play on the nfl level football, or would you like to start in a beginners lega. the online community need to beable to cater only to user if it is a user product. the other aspect firm will protest, lobby in for , are the hard work of your peer of developing new encrypted language who need to be finacially compensentated, and un fortunaly major computer companies had to much spending powerto allow multiple companies to for and have finacail liquidity. aside for this usumption there hwas many reason for the .com crassh, more importantly the birth of the driod market accured currently. now are there answer, will any one implament them, no because the your peers need to redifine, IT to Intgration Technology experts.

jd
jd

My mother called me and asked me how to get rid of her old non-working monitor because she thought everytrhing she had looked at on the Internet and all her financial info was still "in there".

Rymech99
Rymech99

Just like the metal in the microwave analogy, it took a loooong time, lots of arc-ing, fires, stories on the news, etc. for 99% of users to figure out that they can't leave a fork in there, or tin foil on the burrito, or the foil-backed paper of a Whopper, or a pan, etc. In general, with technology, many people are smart, but many more people are just plain dumb... Why else would there be all the disclaimers about not keeping your kid in the stroller while folding it up, or warnings not to use a bic razor to clean your tongue? If some dumb-a$$ didn't do it, at least once, and try to sue, then the disclaimers wouldn't be there.

~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~

Wow! Not surprised at all... a co-worker who worked at Best Buy distributed a "tech CD" with the official Best Buy software almost all of it was free ware... the Bonus was intimate customer pictures and videos taken from some of the customers machines. @ Bill I get it, users should be responsible for their own data.. HOWEVER, keep in mind you and I can figure out how to wipe anything and would do so before sending in for an RMA, but there is a select group of users that have no idea that they can google info on how to do ANYTHING, that is something that should have been preached, the audience that your preaching to now is all knowing tech people, I don't think I've ever seen a post on anything by someone with zero tech experience... I think you were a bit off the mark on this one but, all in all it's an argument that all of us could have all day long with out any resolution :) On the bright side... Bill Detweiler...I've never read a disappointing article, and about the spell check, we got it.

mhoff1387
mhoff1387

I suspect that this is fairly common in any place that is handling large amounts of separate units daily. I've known people that have worked for the major chain store tech support (Firedog, Geek Squad, etc.) as well as a cell phone refurb. center and every one of them will attest that the first thing a lot of techs will do is browse to the pictures to see if there's anything worth keeping. It's a shame it happens, but it also makes for a good selling point when I'm trying to convince someone to use my service instead of taking it to a large repair center.

Bill Detwiler
Bill Detwiler

I hope everyone who reads my article also reads your post. History shows us that even the best security policies and procedures won't/can't stop all bad behavior.

Bill Detwiler
Bill Detwiler

If you read the section that begins "One caveat...", you'll see that I do acknowledge that some devices can't be physically wiped by the owner. In this case, owners need better tools to wipe there devices. But given my experience, I believe many (if not most) of the Xooms in question could have been wiped by the owner. Last year, ITG Investment Research estimated that 16 percent of Samsung Galaxy Tab's sold in the U.S. through January 15th, 2011 were returns. (http://www.zdnet.com/blog/mobile-news/high-return-rate-for-galaxy-tab-8212-is-it-tablet-remorse/790). Samsung disputed these numbers, but even if the number is slightly lower, the analysis still shines light on why people are returning these devices. I never saw any reports of the Galaxy Tab having a 16 percent hardware failure rate. And as ZDNet's James Kendrick found, those returning the Tab fell into two categories. "Some Tab returners simply realized that while cool and fun, they just didn???t find the tablet offered additional benefit over their smartphone. ... Others who returned the Tab did so out of contract remorse more than buyer???s remorse." It's logical to believe that many of those who returned the Xooms in question also fall into these two groups. It's therefore safe to assume that most owners could have wiped their devices.

Bill Detwiler
Bill Detwiler

You're right. Manufactures and retailers should provide buyers with clean devices. And, buyers have a reasonable expectation to purchase a malware-free unit. As I pointed out in my story about the Transformer Prime (linked to in the article), I didn't keep the "used" tablet that Office Depot sold to me as "new". My point with this article is to call tablet owners out on not taking personal responsibility for protecting their data. I suspect that most if not all of the returned Xooms were not dead, which was the case with my Transformer Prime.

Bill Detwiler
Bill Detwiler

I disagree. Only in cases where the owner is physically unable to wipe the device (as mentioned in the article), do I give owners a pass on protecting their personal information. It's time people accepted personal responsibility for their data.

Bill Detwiler
Bill Detwiler

You're right, I do expect owners to have "some sense of knowledge of the device". When someone cuts their finger on a knife, do we blame the manufacturer for it being too sharp? When some fails to lock their front door, do we blame the lock maker when someone opens the door? While there are times it may be physically impossible for an owner to wipe a device (as I noted in the article), owners need a basic understanding of how the devices they buy function.

JohnMcGrew
JohnMcGrew

I recently purchased a new Android phone. At least I assume it was new. Was I "irresponsible" by not rooting it to make sure that it was clean out of the box?

JohnMcGrew
JohnMcGrew

I'd be surprised if more than 2% of TechRepublic readers would ever return anything with data on it. (As a group, we here are pretty capable of taking care of ourselves) It's the hapless non-techie consumer who is vulnerable here; people who don't really understand the underlying technologies and the real risks involved, and are totally reliant upon the manufacturers and retailers to have their back.

blair.howze
blair.howze

Bill, Unfortunately American consumers do expect knives to cut steak but not their fingers and ladders to get them to the roof and to cushion their fall. While I don't blame Motorola for not wiping the devices immediately when they got them (especially if they were just going to send them to a recycler), they should have been wiped during the "refurbish" process.

JohnMcGrew
JohnMcGrew

The next purchaser of that used car expects the car to be clean, and would be quite upset should they find that it wasn't. They can't be mad at the previous owner. [b]They bought the car from the dealer.[/b] Don't get me wrong; I wholeheartedly agree with you that customers need to take responsibility for their data. (I've been making a decent living for the last 30 years owning that responsibility on their behalf, and lecturing those don't employ me) It's simply insane to assume or expect others to take this responsibility for you. My point of ponder is that do we need to be taking the same responsibility on the other end; when we purchase these devices? If it's irresponsible and insane to assume that vendors will take responsibility and dispose of our data properly when we send our devices away, isn't it equally irresponsible and insane to assume that the devices they are sending us are clean?

danbi
danbi

It is trivial to "wipe" an digital storage device in that it will appear 'as new'. There is no chance 'some bits to be left behind' as in your car analogy, which is a physical piece by piece process. It is not only trivial to wipe clean digital devices, but also to install fresh and up to date software etc. The device likely left factory months ago, was sit ton on shelves months and by the time it enters the refurbisher's place it's software might be way outdated. About the only reason this is not happening is that the refurbisher is not competent enough to do it, or just plain not performing their business duties. Making it possible to wipe data from possibly dead devices means that parts of the device (storage) must never die. While that might be somewhat possible, it will make the devices much more expensive, and therefore will never happen. About the only proper way to do this is to use some form of encryption for the storage. Once you don't known your password the storage is inaccessible and can only be wiped. Simple and cheap.

Bill Detwiler
Bill Detwiler

Consider my car analogy. When you purchase a new car, the buyer expects, and is often legally entitled, to a vehicle that meets specific safety standards. This is akin to buying a malware-free device. But when you go to sell that car, you don't remove any of the trash, old bills, credit card receipts, old photos, etc. that have piled up over the years. The dealer will likely clean it, because doing so makes it easier to resell. During the process, anyone at the dealership who comes into contact with the vehicle will have unfettered access to all the material you abandoned in the car. And even if they do a really good job of cleaning the car, let's assume they missed a few bits of paper that were crammed down under the seat. Supposed the new owner finds those pieces of paper. Would you be angry with the dealer for not cleaning every scrap of paper from the car? Is the dealer legally liable for not removing the material that you abandoned from the car? I'm not suggesting that Motorola shouldn't wipe refurbished devices. It should. I'm not saying that device makers shouldn't make it possible for owners to personally wipe data from seemingly dead devices. They should. But, I want customers to take more responsibility for their own data, and treat it like they would the bits of paper in an old car.

barb905
barb905

Both the former owner and the manufacturer/retailer should be making sure the device is wiped. But the possible outcome for the former owner is identity theft and the manufacturer/retailer is an annoyed customer. Whoever has the most to lose has the greater responsibility.

JohnMcGrew
JohnMcGrew

If consumers can't/or should-not expect manufacturers & retailers to properly flush devices that are returned, then how or why should we expect the devices we purchase to be clean? Why is it any more of a "reasonable expectation" that a device is clean when one gets it than it will be "cleaned" should he/she return it?

Bill Detwiler
Bill Detwiler

As I wrote, "buyers have a reasonable expectation to purchase a malware-free unit." I'm less convinced that buyers have a reasonable expectation that no one will see the data on a device they no longer have control over. I liken it to leaving your wallet in the car when you take it to a repair shop. Do you expect the repair shop to protect your wallet? You may, but you'll be hard pressed to sue the shop if your wallet is stollen--thus all the language about the shop, parking garage, etc. not being "responsible for items left in vehicle" that you see.

laBaronRouge
laBaronRouge

That said, I have seen some really strange law suits that should have been thrown out at the first sight, but the plaintiffs win.

Editor's Picks