Local Staples wiped clients drive, any recourse for them?

[tmboss]

Her old computer was slow and wanted a new one. The plan was bring old and new to me and I'll set up new and transfer data over. Staples stepped in and sold her a service package that included transfer. She picked it up and no data transferred so she brought both to me. I discovered no data on new and the old one had a fresh install of Win10 from the day before. Browser history shows them searching for data recovery programs. Two recovery programs are installed.

Talked with manager and lead tech. They review what happened and call back . Tech admits that their plan was to clone old to new (????) and that didn't work crashed. How they decided to nuke is beyond me. This was a working drive. After much discussion they are sending the drive in for data recovery on their dime.

I'm not skilled at data recovery besides taking drive out, put in another machine and use what I call Consumer Grade tools (File Scanvenger, Recuva, Easus). Results are corrupted files from tries before I hand it to Staples. They overwrote with Windows and programs. We'll see what data recovery pros get.

I put an new SSD drive in old computer and added 4 gb ram for 8 and it rocks. She's picking it up today and going to return new one and hand them the drive for recovery. Hopefully all is recovered. She had no backup.

What recourse does she have with Staples?

 

[Markverhyden]

Bad news but she's probably going to be getting the cold shoulder. I'm pretty sure that the agreement she signed says Staples is not responsible for data loss for any reason.

Can stuff get recovered? Depends on a whole bunch of factors. How much and what types of data? How much wanking around that Staples "techs" did before giving up? Was the format a quick format or full? Did she have bitlocker? If she did it's gone There's several programs, such as R-Studio, which will scan a log based on file characteristics, not names. You can attach the old drive to a bench computer, download and install the R-Studio, run it in trial mode.

 

[nlinecomputers]

After much discussion they are sending the drive in for data recovery on their dime.

Not sure what the question is. If Staples is sending the drive to a competent data recovery lab and they are paying for it that’s the best possible solution.

 

[cypress]

The plan was bring old and new to me and I'll set up new and transfer data over. Staples stepped in and sold her a service package that included transfer.

I just wanna get some clarification here. Did you tell her to just purchase the new PC and bring it to you and decline any services that Staples might try to offer them? Or was not that discussed and the client just got it on her own accord?

If the client did it anyways, then sorry that is their fault for go against what you recommended. I always tell my clients that IF they are going to pick up a machine I recommend to please decline anything that Office Depot or Staples tries to sell them on because it isn't needed any they already paying me to do that.

It's good that Staples is gonna step in and pay for the data recovery but now she is at the mercy of those professionals.

 

[britechguy]

data recovery but now she is at the mercy of those professionals.

I'd say she's more "stuck with what they can recover" than at their mercy, per se.

This is their business, and they're certainly going to try to recover whatever they can. But what is even available to possibly be recovered is directly dependent on exactly what the tech did during that nuke and pave. If, for instance, they did a "clean all" under diskpart as a step then she is well and truly screwed.

But it's really not the data recovery folks who are likely to determine that fate, the die is cast before they ever received the drive.

 

[johnrobert]

I can't count how many times I have spent many hours even days researching new computers for clients when they buy they let the shop do it and I never hear from them
and to top it off one guy came back a few years later wanting the same thing.

 

[nlinecomputers]

That is why you don't recommend. You quote. They buy from you.

 

[britechguy]

That is why you don't recommend. You quote. They buy from you.

Or, you do as I do, and have a set rate for purchasing research.

I don't sell. I don't want to sell. I don't care where the customer buys. But, I'm not going to spend hours and hours helping them figure out what they need without charging for the service (and, believe me, I did and learned from that mistake).

 

[NviGate Systems]

Having worked for Staples, I can assure you that Staples doesn't care about the customer. The only reason you are getting Data Recovery is because it was added to the services about 3/4 years ago and is done typically by the local Staples Service Depot.

The techs there typically don't have good training nor access to proper training. They will literally hire anyone that has a pulse.

 

[nlinecomputers]

Not sure what the question is. If Staples is sending the drive to a competent data recovery lab and they are paying for it that’s the best possible solution.

Having worked for Staples, I can assure you that Staples doesn't care about the customer. The only reason you are getting Data Recovery is because it was added to the services about 3/4 years ago and is done typically by the local Staples Service Depot.

The techs there typically don't have good training nor access to proper training. They will literally hire anyone that has a pulse.

Yikes so much for competent data lab. Time to call a lawyer.

 

[NviGate Systems]

I should clarify, when I was referring to bad techs, I was meaning in-store, hence the situation here.

I'm not as sure about Depot techs. From what I recall, Software Recovery is like $299/$399 and is handled by Depot. If there is damage to the HDD, then it goes to whatever partner they have for that.

The fact they are not pushing back means they either really screwed up and are trying to bury it, or you have found a store with a decent manager. A good number of managers at Staples merely migrated from Best Buy and weren't known as good managers, and brought all the bad habits with them.

The organization of Staples Tech Services is rather fragmented and when they introduce new services it's often by email. So if you lose that email good luck finding the info on the intranet. It's pages and pages of uselessness.

Anyways, do keep us updated as to what happens.

 

[nlinecomputers]

Personally, if I was in this situation I would DEMAND that it be sent to a reputable 3rd party data recovery specialist. Ontrack, Gillware, Drive Savers, etc.

 

[JoelM]

Or, you do as I do, and have a set rate for purchasing research.

I don't sell. I don't want to sell. I don't care where the customer buys. But, I'm not going to spend hours and hours helping them figure out what they need without charging for the service (and, believe me, I did and learned from that mistake).

^^This. We charge for our time & collect a check to help them purchase. It's a consulting fee. We don't have to worry about warranty either. We can help them find what is the best product and best brand for them.

 

[YeOldeStonecat]

Feel bad for your client. I'm still laughing at....
*stables tried to clone drive of old computer to new computer? Uhm...OEM license of Windows likely, non transferrable, plus...yeah, just don't! Different hardware
*Googling drive recovery software...

 

[Blues]

@YeOldeStonecat but do we really think Staples even knows what cloning means they probably just tried to migrate data

 

[Blue House Computer Help]

@tmboss Just wondering how this turned out?

FWIW, Looking at your description, I bet I know what really happened originally. The Staples tech had both drives connected to the new machine and was going to install Windows on the new HDD and then transfer data from the old, but accidentally selected the wrong drive for the fresh windows 10 install. And clicked "yes, i definitely want to overwrite old data"

 

[NETWizz]

It is possible they used a clone too too. As for OEM, if it works its fine in that often it will reactivate no problem recognizing the destination had a valid licence. Otherwise, they could just put in a product key or ignore that Windows isn't Activated; I mean it won't even display any messages right away.

My guess is that they DID clone the drive. Probably selected the new drive with destination to the old drive, clicked through a couple of warnings, and confirmed they wanted to obliterate the data, but I really don't know... only that mistakes happen. Personally, I am shocked Staples would even try to fix it. I would think they would quote their terms of service and stand behind the "we are NOT responsible for data loss clause."

Sure, you could get a lawyer, but a lawyer isn't going to get past the agreement unless there is some crazy precedent and case-law establishing it is not a lawful agreement or has unenforceable terms and conditions. Even IF a lawyer could succeed, it probably has binding arbitration.

The best case scenario is that the customer keeps bothering them until they pay a third party, and they go after documents, desktop items, favorites, etc. User profile items. NO need to recover what's in the Windows folder or the program files folder. I mean those are simple to replace in that anyone can install Windows again.

 

[tmboss]

The client ended up getting a drive back from staples after their data recovery service worked on it.

The data was no better than my attempts at recovery. Files were mostly incomplete.

Hard lesson for client.

 

[britechguy]

It is a hard lesson, that's for sure. There's a reason that the service agreement I use has the following clause:

Liability: Bri the Tech Guy provides our services in an effort to repair, upgrade, or otherwise diagnose the computer for which you request such services. We will not intentionally harm your system. It is our goal to fix your computer. In the case of accidental damage or data loss to your system, further damage or data loss caused by already existing problems in your system such as malware, misconfiguration of software, or hardware problems/failures, you agree to hold harmless the Company, and any persons associated with or involved in the work being done for you, for any damages resulting from such problems. The Company is not liable for any data loss. It is the client’s responsibility to back-up their computer’s data prior to service.

And I go point by point through the service agreement, which is already written in pretty straightforward language. Thereis a reason that this particular bit is emphasized as it is.

I have never yet lost anyone's data. When time allows, I always image a system where I think even the slightest possibility of data loss exists before I work on it, but that's not all of them. (For instance, I didn't image the laptop I was doing a screen replacement for - no need, really, in my opinion.) And then even after I've serviced the system, I hold on to those images for between 30 and 60 days "just in case." But, in the end, the client has been warned, and clearly warned, before I even touch their computer.

 

[Sky-Knight]

Staples... yeah we got that... right in the forehead.

But yeah, all new customers get that same line thrown at them via email before I service anything. But it's not been an issue in years because I learned an EXTREMELY long time ago, you don't get to stay in business if you lose people's stuff.

Well... unless you have millions to burn on a huge store and advertising apparently. Staples and Best Buy have been doing this crap for decades, and people are still stupid enough to use them.