VIC Can I Sue Apple for Losing All My Previous Emails?

[Rod]

Look at the terms of the contract. They will in all likelihood have limited their liability.

 

[Muxaul]

Look at the terms of the contract. They will in all likelihood have limited their liability.

I read through Apple’s legal terms and conditions. As I mentioned in first post, they say that customers are responsible for backing up contents. However in their definition of ‘contents’, emails are not specified there. And practically, customers can back up music or photos or files, but how would customers who uses browser to access iCloud emails back up their emails?

 

[Rob Legat - SBPL]

Hang on a second. If you have all the reply emails you sent, do they include copies of the emails you lost in the 'email thread'?

 

[Muxaul]

Hang on a second. If you have all the reply emails you sent, do they include copies of the emails you lost in the 'email thread'?

Yes the original emails that I received but now lost are quoted at the bottom of each replies. So I can proof that in early years I did receive plenty of emails, and the old originals are now all gone in ‘received’ folder.

The problem is I don’t replied every single emails and therefore the original emails that I could still trace back from ‘sent’ folder are limited.

 

[DMQC]

Thank you again for the detailed comments. So according to you, what can consumer do if Apple/Google or whatever loses customers emails?

Indeed there are a few avenues one could take "if Google/Apple loses customers emails"...but that is not the case here, so not sure what good it would do explaining 'what a consumer can do'. You don't know if Apple caused the issue you experienced, you need to prove that element, then it may be worth exploring the next steps.

To be clear, I am not saying it didn't happen or it is your fault, just that you need to be able to prove Apple caused the loss. Without proving that, you won't even make the starting line and your claim would likely, with all due respect, be considered vexatious.

 

[Muxaul]

Indeed there are a few avenues one could take "if Google/Apple loses customers emails"...but that is not the case here, so not sure what good it would do explaining 'what a consumer can do'. You don't know if Apple caused the issue you experienced, you need to prove that element, then it may be worth exploring the next steps.

To be clear, I am not saying it didn't happen or it is your fault, just that you need to be able to prove Apple caused the loss. Without proving that, you won't even make the starting line and your claim would likely, with all due respect, be considered vexatious.

Thanks mate. I see you point. Bad luck for me.

 

[Kevin.bond]

I signed up with Apple’s iCloud ( then called MobileMe) service since 2009. Recently I found out that I had lost all but one of my previous received emails prior to mid 2016. All of them were gone. That’s tens of thousands emails lost if not more.

I rang Apple’s technical support, the person was trying to help but he only managed to recover a few emails, and he said there’s nothing else that they could do.

I rely on those old emails as evidence for my coming law cases, since Apple had lost them I am now in a bad position.

In Apple’s legal terms and conditions they mentioned that it’s customers responsibility to keep a copy of contents, but email was not mentioned in their definition of ‘content’.

I wonder if I can sue Apple for the lost that they have caused?

Any suggestions are greatly appreciated.

The question is do you have thw funds for such an expensive court trial? Costing must be taken into consideration. Perhaps another computer specialist who may be able to recover the files? Or see of backdating the date on your computer may help?

 

[Muxaul]

The question is do you have thw funds for such an expensive court trial? Costing must be taken into consideration. Perhaps another computer specialist who may be able to recover the files? Or see of backdating the date on your computer may help?

Hi Kevin
No I don’t have enough fund for this lawsuit and I already tried restoring from previous back up but didn’t work. This issue is, all emails are unltmayely stored in Apple’s server, not on individual’s computer. It’s not what a computer specialist from a third party can address. Apple is the only party that can investigate and address the issue but their team has said that they don’t know when it happened, what caused it, and there’s nothing else they can do.