How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115452
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Thanks for your response. Here is point, a question, and

Customer Question

Thanks for your response. Here is a followup point, a question, and some additional background.Point: Apple made an unsuccessful attempt to recover the files. The fault seems to lie in the product itself--in the iCloud server that failed to save deleted files for 30 days--and not in Apple's immediate response to the problem. The files are presumably either gone or so buried that Apple is unwilling to invest more time in recovering them.Question: Does a faulty product constitute a breach of contract and/or is it otherwise grounds for legal action?Background: Here are the essential pieces of Apple's final correspondence:"As far as the iCloud Drive on your devices, our highest level engineers looked into your account and restored everything they were able to. Anything that is not currently there is not able to be restored on Apple’s side. . . . The reason why the files were flushed out of the entire system is because when a file is deleted from iCloud regardless of what device does it, it is deleted from the server which will filter down to all other devices since they are all pulling that information from the server."Following this message I responded by politely linking the representative the terms of service outlining the 30-day recovery period and asking for clarification on why my files aren't recoverable given that we are well within the 30-day period. This was three days ago and Apple has not responded.I want the folder. If I can't get that, I want *something*--anything (icloud refund, store credits)--to address the enormity of the loss.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This will be difficult to hold them liable, because if they prove what they said in their response, then they may not be liable. This will take you getting a computer expert to try to refute their claims in order to win a case against them. Even if you win, the next issue is trying to put a value on what was lost, which is going to be difficult and if you cannot put some reasonable value on the documents then the court cannot fashion an appropriate award.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 4 months ago.
34;Because if they prove what they said in their response, then they may not be liable." I am sure they can prove what they said in the response--that they tried and weren't able to recover anything from their side. Yet isn't this evidence of their failure to deliver on ToS? Apple's ToS say they keep deleted files for 30 days. They didn't keep my deleted files for 30 days or even 7 days. Has a consumer no recourse in these types of situations?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

If you read further in their ToS there is going to be a limitation as well on their liability. If the reason the files were lost though were as they say, they can still escape liability.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 4 months ago.
I'm sure somewhere the ToS absolves their liability for any conceivable negative outcome.At the end of the day, their product failed and I will suffer for it. I will try to put in a formal complaint with a different department at Apple (customer service, I guess). I will probably be back in touch when they stiff-arm me.
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

You also need to come up with a way to determine the reasonable value of the lost documents as well, you cannot just put a price on them, you will need some way to support how you arrived at those values.

Customer: replied 4 months ago.
Well I have a contract with my publisher specifying my payment for delivering the book. That part is simple. Of course, the vast amount of financial resources that ultimately come from an academic monograph are speaking fees, consultation gigs, etc., stuff that is impossible to definitively quantify. And as a junior academic I don't have a lengthy track record of books that would establish a go-to precedent. I understand those add-ons will never be compensated.Ultimately I need Apple to follow through on this to some sort of compensatory solution. Even if it's just a refund of $ I've paid for the iCloud service. My life and career flow through these products every day; I will live in perpetual anxiety if Apple won't even acknowledge or deny product failure (a separate issue from attempting to repair the effects of product failure).
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
You need to ask them for the reasonable compensation, of course, but you need to keep up pushing your complaint up their management chain and most times they will do something.