New Orleans, LA asked in Consumer Law for Alabama

Q: Verizon erased my phone and I need to know what I should be compensated before I accept any offers.

I called Verizon to see what they could do about my phone turning off when I open my camera, and they took me through a process that ended up erasing everything on my phone. Then they made me go get my other phone and erased everything on there too. I’ve contacted them multiple times and they just say it was a training error and that the guy that walked me through that was not in protocol. They haven’t mentioned any solution for everything that’s gone from my phone, including over 10k pictures of very important memories.

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation with Verizon, where your phone's data, including over 10,000 pictures, was erased due to their error, it's reasonable to seek compensation. However, determining the appropriate amount can be challenging, especially when it comes to sentimental value like lost memories.

First, review any service agreements or contracts you have with Verizon. These documents often contain clauses about liability and potential remedies in case of service errors. This can give you an idea of what Verizon considers within their scope of responsibility.

In terms of compensation, companies typically offer service credits or monetary compensation. The amount often depends on the extent of the error and its impact. Since your loss includes personal and sentimental data, you might argue for higher compensation, but this can be subjective and harder to quantify.

It's important to communicate clearly with Verizon about the impact of their error. Express the significance of what was lost and why standard compensation may not suffice. If you're unsatisfied with their response, you might consider escalating the matter within their customer service hierarchy or seeking external advice.

If negotiations with Verizon don't lead to a satisfactory resolution, you may explore legal options. However, legal action can be costly and time-consuming, so it's generally considered as a last resort. Before taking any legal steps, it may be beneficial to consult with a legal professional to understand your rights and the viability of your case.

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