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Some Sidekick, Class Tells T-Mobile

SEATTLE (CN) - T-Mobile failed to disclose that its Sidekick phones lack a backup device for stored data, a class action claims in King County Court. The class claims their Sidekicks lost personal information after a service interruption.

Defendant T-Mobile could not retrieve the information after a "disruption in service," the class says.

Lead plaintiff Oren Rosenthal, who lost information stored on his Sidekick, accuses T-Mobile of deceptive advertising by failing to disclose "in a clear and conspicuous manner the risk of loss of personal data."

T-Mobile claimed responsibility for the data loss in a statement and "acknowledges that some form of compensation" is owed to customers, the complaint states.

Rosenthal seeks class damages for breach of contract, negligence and violation of the Washington Consumer Protection Act. The complaint was filed by David Breskin with Breskin Johnson Townsend.

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