Photographer files suit after Adobe Systems software allegedly permanently deleted files

By Noddy A. Fernandez | Nov 16, 2018

SAN JOSE, Calif. (Legal Newsline) – A Maryland photographer and videographer is suing a software maker over allegations a software program permanently deleted files.

David Keith Cooper, on behalf of himself and all others similarly situated, filed a complaint on Nov. 7 in the U.S. District Court for the Northern District of California, San Jose Division against Adobe Systems Inc. alleging violation of California's Consumers Legal Remedies Act, California's Unfair Competition Law and Maryland's Consumer Protection Act.

According to the complaint, Cooper alleges that defendant's professional-grade video editing software Adobe Premiere Pro CC 2017.1 (Version 11.1.0) permanently deleted his and other users' files and data that had never been associated with PP2017.1 through the use of the Clean Cache function. The suit states when operating properly, the clean cache function should only delete temporary files.

As a result, he alleges the permanent deletion constitutes substantial and irrevocable damage to his and the class' personal property. 

The plaintiff holds Adobe Systems Inc. responsible because the defendant allegedly failed to use reasonable measures to ensure the PP2017.1 software’s Clean Cache function would not permanently delete consumers’ files and data and failed to warn or disclose that using the Clean Cache function could permanently delete files and data.

The plaintiff requests a trial by jury and seeks declaration that defendant committed the violations of the law, award monetary damages, pre- and post-judgment interest, and such further relief as the court may deem just and proper. He is represented by Michael R. Reese and George V. Granade of Reese LLP in New York.

U.S. District Court for the Northern District of California, San Jose Division case number 5:18-cv-06742-BLF

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Adobe Systems Incorporated Reese LLP U.S. District Court for the Northern District of California, San Jose Division

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