Legal Question in Technology Law in California

Privacy Liability

A laptop was purchased, my source of income as a web developer consultant. The USB ports failed, I wanted a refund, since I would have be without it for up to two weeks. It was 90 days, and they had a 60 day refund policy. They refused, we argued, an agreement was reached to take the hard drive out of my machine and put it in a new one and ship it back, a total of 3 days. It has been a week. They have had a city change, didn't inform me, they then shipped it to the wrong person. I received another man's wrong order, along with his credit card information and all his personal information, and him mine. I feel they are liable and should refund my purchase. Is this too much?


Asked on 5/16/02, 5:07 pm

1 Answer from Attorneys
Timothy J. Walton Internet Attorney

Re: Privacy Liability

You can ask for anything you like. Just don't be surprised if you don't get it.

It seems to me that you are asking for something that does not relate to the harm you have suffered, but if they are willing to give it you, and you are happy with it, then everybody wins. If they don't give it to you, then you have a fight on your hands.

The situation you describe is complicated, and I am not convinced there is one simple solution (short of both parties agreeing to a solution that is unrelated to the problem, but that makes everyone happy). If you want more of my opinion on this, please feel free to contact me by email.

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Answered on 5/16/02, 5:23 pm


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