Microsoft and T-Mobile have come out with assurances that most (probably all) Sidekick data has been recovered and will soon be restored to affected Sidekicks. You’d think that announcement alone would be enough to preempt any class-action lawsuits against T-Mobile or Microsoft (which owns Danger, the company responsible for maintaining Sidekick data). And, you’d be wrong. T-Mobile is now officially under threat of a Sidekick lawsuit. We guess that free month of service and potential $100 T-Mobile gift card weren’t enough for some people.
It took no more than a few days for Sidekick owners in California and Washington to mobilize and file a class-action suit against T-Mobile. One of the lawsuits was filed in a federal court in San Jose, California, complaining that T-Mobile advertised that their Sidekick data would always be secure and available. The Washington suit alleges that T-Mobile never mentioned that the data on Sidekick servers weren’t backed-up and could potentially be lost to the ether.
But, now that Sidekick data will mostly be restored in the coming days, it’s not clear where these lawsuits will end up. We suspect they’ll follow in the footsteps of other frivolous lawsuits and find their way to the court document archive in the sky.