New York lawyer David M. Schlachter has filed a lawsuit against Microsoft, alleging that the company provided inadequate customer service when he experienced a weeks-long service interruption to his Microsoft email account. Schlachter, who relies on his email to communicate with courts and clients, claims that he encountered numerous challenges when attempting to resolve the issue, including multiple calls to customer service, long waits on hold, and broken promises of callbacks and quick resolutions.
According to the lawsuit, Schlachter lost access to his primary email account on May 10 and still had no access by the time he filed the suit on May 24. Seeking compensation for the disruption caused, Schlachter requests at least $1 million in punitive damages and an additional $750,000 for loss of business and the risk of losing professional licenses.
Initially filed in state court, the lawsuit was subsequently removed to federal court on June 22. Schlachter emphasizes the significance of his email account, as he relies on it to communicate with state courts in New Jersey and New York, access their online filing systems, correspond with federal bankruptcy courts where he has active cases, and receive important communications from U.S. trustees, judges, colleagues, clients, and adversaries.
The suit highlights the detrimental consequences of the email cutoff on Schlachter’s legal practice, such as potential loss of clients, ethics violations due to unresponsiveness, missed filing deadlines, and other related challenges. Schlachter expressed his belief that the lawsuit influenced the restoration of his email service on June 1, asserting that without legal action, his email would likely have remained inaccessible. Nonetheless, he continues to pursue damages from Microsoft through the court system and potential out-of-court settlement discussions.
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Schlachter reveals that he has been a paying subscriber of Office 365 since July 2017, initially paying $5 per month and subsequently increasing to $6 per month as of January 2021. On May 10, when attempting to log in to his email, he was prompted for two-step authentication using his phone number. However, upon clicking the prompt, Schlachter received an error message stating, “Sorry, we’re having trouble verifying your account. Please try again. View details.”
The lawsuit outlines Schlachter’s frustrating experience with Microsoft’s customer service. During his initial call, he waited on hold for three hours before speaking with a customer service representative for just 30 minutes. He was then informed that he had a business account and needed assistance from the business technical service team.
Over the course of four days, Schlachter made numerous unsuccessful attempts to reach the customer support line. He endured extensive wait times of three to five hours each time, only for the line to disconnect. On May 15, after finally reaching a representative named “Jay,” Schlachter was promised a call back, which never materialized.
On May 16, Schlachter managed to contact the business technical support team, who assured him that his problems would be resolved within 24 to 36 hours. However, this deadline passed without any resolution. Subsequently, Schlachter made twice-daily calls on May 17, 18, 19, 20, and 21, during which support personnel informed him that he couldn’t be transferred to a supervisor or the engineer assigned to his case. Despite assurances that they were actively working on the issue, no progress was made.
Although a support person did contact Schlachter several times on May 22, the problem remained unresolved. Schlachter expressed his gratitude for the support he received from other users facing similar challenges.
As the lawsuit progresses, it remains to be seen whether Schlachter’s legal action will resonate with consumers who have experienced difficulties accessing customer service. Currently in its preliminary stages, Schlachter is determined to pursue justice and seek appropriate compensation for the disruption caused by the prolonged email cutoff. Microsoft is being represented by Fox Rothschild associate Michael Lieberman, who has not yet responded to requests for comment on the case.
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