A woman is suing Radio Shack for supplying two cellphones that allegedly contained pornography. And if you think that sounds like a great bonus, think again: one of the phones was for her 13-year-old daughter and some of the pornography reportedly featured children.
Marcia Jones says she launched the suit after buying what were billed as a pair of new HTC Evo 4G handsets in June 2011. Her daughter then went to set up one of the handsets and found the pornographic images already in the photo library.
Jones believes the handsets were in fact refurbished models that hadn’t been wiped clean. She returned them to the store and was offered an exchange.
She’s now suing both for deceptive trade practices (in billing a used handset as new) and for emotional distress caused to her daughter, who underwent counseling. The lawsuit doesn’t specify requested damages, though it appears its aim is at least in part to cause enough of a stink that Radio Shack changes its practices. It’s not clear why the lawsuit has only just been filed now,
Jones is also suing Sprint, which the lawsuit says “licensed the device for sale”. (That appears to mean it was the service provider.) Her lawyer has said this is a precautionary measure in case Sprint does turn out to bear any liability, but that Radio Shack is the main target of the complaint.
Neither Radio Shack nor Sprint have commented on the claims. There’s no word yet on whether law enforcement officials have received a complaint or begun investigating the images or any former owner of the phone.