· Issue: The central issue revolves around whether SysGen, a commercial IT service provider, can reset its client’s (Serinus’) administrator account passwords without notice, under the pretext of protecting the client’s systems during a billing dispute. The court ruled that this conduct is impermissible.
· Facts:
- SysGen was Serinus’ IT service provider under a Field Service Maintenance Agreement (FSMA).
- A billing dispute arose, and SysGen changed Serinus’ administrator passwords, locking them out of their own systems.
- SysGen claimed this was to monitor a security threat, but failed to notify Serinus or return access.
- Serinus had to "break into" its own systems to regain control.
· Claims: Serinus claimed breach of contract, conversion (illegal possession of property), breach of fiduciary duty, and intrusion upon seclusion (privacy breach).
· Court’s Findings:
- Breach of Contract: SysGen breached the FSMA by locking Serinus out of its systems.
- Conversion: SysGen’s actions amounted to conversion, as it unlawfully took control of Serinus’ IT assets.
- No Fiduciary Duty: SysGen did not owe a fiduciary duty to Serinus.
- No Intrusion Upon Seclusion: The court did not find that SysGen intruded on Serinus’ privacy in a manner warranting this claim.
· Damages:
- The court awarded Serinus compensatory and punitive damages, totaling $43,874.61 after offsetting SysGen’s counterclaims for unpaid invoices.