Can Apple do this?

Posted:
in General Discussion edited January 2014
Three years ago, after having long been advised by friends and family that to buy any computer but a Mac was ridiculous, I took the plunge and purchased my first MacBook. I also purchased AppleCare on the advise of my sister who had once lost her hard drive and took her Mac to the Apple store where everything was retrieved and transferred onto a new hard drive all at no cost to her. What better recommendation can you get? I have been thrilled beyond belief about my experience with Mac and Apple and joined the millions who have said they will never go back to a PC........until Tuesday of last week.



My screen began flickering and going black a couple of week ago, rarely at first, then more and more. At first, I thought it was automatically restarting, but after calling AppleCare, I attempted to do a hardware test and realized that I could actually see a shadow of what was on my screen, so the computer was working, the screen was not. Because I live in a rural area, I was told on my second call to AppleCare that it would be best for me to send my computer in to have it fixed. I received a box in the mail along with a letter telling me how to package up the computer and a reminder to make a backup of the hard drive, which I would have done, had I been able to see my screen at all. By this time, my screen was completely black at all times. I must admit, I hesitated, but thought SURELY they will not do anything with the hard drive when the problem only involves the backlighting on my screen. And if they did, I had the confidence in my sister's experience with her hard drive and trusted that apple would take care of me and my information.



As I'm sure you have now guessed, my hard drive was replaced and completely destroyed without my knowledge or permission. My husband has since been told by Apple "care" that had we taken our Mac into an Apple store, they would have transferred the information onto a new hard drive, but that is not the "policy" when you send it in by mail. I was never informed of this. It has been a devastating loss for me. I realize I should have been more diligent, as I used to be when I had a PC, and make regular hard drive backups, but I truly had a false sense of security that Apple had my back if anything went wrong.



My sister's IT guy at work says that it is illegal for them to replace the hard drive without my knowledge and that I have grounds for a lawsuit. I compare it to taking your car in for an oil change and they replace the whole transmission without getting your permission. My question is do I pursue it?

Comments

  • Reply 1 of 4
    Quote:
    Originally Posted by music1212 View Post


    I received a box in the mail along with a letter telling me how to package up the computer and a reminder to make a backup of the hard drive, which I would have done, had I been able to see my screen at all.



    You can do it without "seeing your screen". This is not an excuse.



    Quote:

    I hesitated, but thought SURELY they will not do anything with the hard drive...



    That's what happens when you surely. You make a sur out of ely and yourself.



    Quote:

    My sister's IT guy at work says that it is illegal for them to replace the hard drive without my knowledge and that I have grounds for a lawsuit.



    You don't. Stop now.
  • Reply 2 of 4
    hirohiro Posts: 2,663member
    Quote:
    Originally Posted by music1212 View Post


    Three years ago, after having long been advised by friends and family that to buy any computer but a Mac was ridiculous, I took the plunge and purchased my first MacBook. I also purchased AppleCare on the advise of my sister who had once lost her hard drive and took her Mac to the Apple store where everything was retrieved and transferred onto a new hard drive all at no cost to her. What better recommendation can you get? I have been thrilled beyond belief about my experience with Mac and Apple and joined the millions who have said they will never go back to a PC........until Tuesday of last week.



    My screen began flickering and going black a couple of week ago, rarely at first, then more and more. At first, I thought it was automatically restarting, but after calling AppleCare, I attempted to do a hardware test and realized that I could actually see a shadow of what was on my screen, so the computer was working, the screen was not. Because I live in a rural area, I was told on my second call to AppleCare that it would be best for me to send my computer in to have it fixed. I received a box in the mail along with a letter telling me how to package up the computer and a reminder to make a backup of the hard drive, which I would have done, had I been able to see my screen at all. By this time, my screen was completely black at all times. I must admit, I hesitated, but thought SURELY they will not do anything with the hard drive when the problem only involves the backlighting on my screen. And if they did, I had the confidence in my sister's experience with her hard drive and trusted that apple would take care of me and my information.



    As I'm sure you have now guessed, my hard drive was replaced and completely destroyed without my knowledge or permission. My husband has since been told by Apple "care" that had we taken our Mac into an Apple store, they would have transferred the information onto a new hard drive, but that is not the "policy" when you send it in by mail. I was never informed of this. It has been a devastating loss for me. I realize I should have been more diligent, as I used to be when I had a PC, and make regular hard drive backups, but I truly had a false sense of security that Apple had my back if anything went wrong.



    My sister's IT guy at work says that it is illegal for them to replace the hard drive without my knowledge and that I have grounds for a lawsuit. I compare it to taking your car in for an oil change and they replace the whole transmission without getting your permission. My question is do I pursue it?



    Actually you did give them permission, you sent it in when their service instructions explicitly said they might replace it without salvaging the data. The IT guy is a moron, because he is spouting off in a faux knowledgable manner without ever having read any of the Applecare terms of the instructions you were provided for sending the computer in. Copying your data without your explicit permission would actually be a violation of the DMCA (even though you probably wouldn't have minded that this time) and sets Apple up for all kinds of privacy issues. Even copying with your permission in person opens that Pandora's box if everything isn't done by the book.



    The fact you might have got an extra level of care at the Genius Bar doesn't eliminate the need for you to ensure it was backed-up. Back-up isn't optional, it is like washing your hands after going to the restroom. While it not a law its a pretty damn essential idea and if you don't do it you are risking your health (or your data's health). Yes, its a small risk, even tiny each hour you don't, but its very real and a HUGE KNOWN risk at service time.
  • Reply 3 of 4
    Apparently.



    Now go sue them! And blog and stream the proceedings so that we can all enjoy the spectacle!



    You can do it!
  • Reply 4 of 4
    irelandireland Posts: 17,616member
    Sue them - it's the Amercian way.
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