Girl,13, finds CHILD PORN on ‘new’ Sprint cell phone from RadioShack, mother Marcia Jones sues
A previous user apparently saved adult and child pornography to the phone — sold as NEW — that Jones bought for her family at Stonecrest Mall in Lithonia, Ga.
Couple Marcia and Morgan Jones are suing Radio Shack after a Sprint phone they purchased for their children were found to contain pornographic images.
Pornography was not listed as a preprogrammed cellphone feature. But when a 13-year-old girl activated supposedly new phones from RadioShack, that's just what she found.
A previous user apparently uploaded graphic adult and child porn to one of the two Sprint phones Marcia Jones purchased for herself and her daughter at Stonecrest Mall in Lithonia, Ga.
"It's certainly not something I would want a minor to see," the family's attorney, Curt Thompson, told the Daily News. "It's porn. It's not just a racy photo. It's very clearly pornographic."
COPS ARREST 2 IN RADIOSHACK STANDOFF
The family filed a lawsuit against RadioShack and Sprint for ""intentional infliction of emotional distress" and "deceptive trade practices."
"It appears that the phone was not in fact new," Thompson said bluntly. "The reality is that RadioShack was attempting to refurbish and sell old phones."
Thompson alleges that the store was only willing to trade in the HTC Evo 4g phones for new ones, reported WSBTV. RadioShack reportedly did not bother to address any damage this error may have caused.
But a simple trade would not suffice because Marcia's daughter Morgan needed psychological counseling after viewing the graphic images, Thompson claimed.
"It was unconscionable to allow that to happen and to expect that not to do harm or damage to someone," Thompson said.
BOSTON PEDIATRICIAN JAILED ON CHILD PORN CHARGES
The lawsuit also named Sprint because they licensed the phones. "There's a reason that we named RadioShack first," Thompson explained, "but at the same time, I've been doing this for long enough to know that just because one thing seems logical doesn't mean it couldn't have happened another way… so you have to name everybody."
The Daily News reached out to the store but employees declined to comment. RadioShack's corporate office did not return the Daily News' call.
mwalsh@nydailynews.com
A previous user apparently saved adult and child pornography to the phone — sold as NEW — that Jones bought for her family at Stonecrest Mall in Lithonia, Ga.
Couple Marcia and Morgan Jones are suing Radio Shack after a Sprint phone they purchased for their children were found to contain pornographic images.
Pornography was not listed as a preprogrammed cellphone feature. But when a 13-year-old girl activated supposedly new phones from RadioShack, that's just what she found.
A previous user apparently uploaded graphic adult and child porn to one of the two Sprint phones Marcia Jones purchased for herself and her daughter at Stonecrest Mall in Lithonia, Ga.
"It's certainly not something I would want a minor to see," the family's attorney, Curt Thompson, told the Daily News. "It's porn. It's not just a racy photo. It's very clearly pornographic."
COPS ARREST 2 IN RADIOSHACK STANDOFF
The family filed a lawsuit against RadioShack and Sprint for ""intentional infliction of emotional distress" and "deceptive trade practices."
"It appears that the phone was not in fact new," Thompson said bluntly. "The reality is that RadioShack was attempting to refurbish and sell old phones."
Thompson alleges that the store was only willing to trade in the HTC Evo 4g phones for new ones, reported WSBTV. RadioShack reportedly did not bother to address any damage this error may have caused.
But a simple trade would not suffice because Marcia's daughter Morgan needed psychological counseling after viewing the graphic images, Thompson claimed.
"It was unconscionable to allow that to happen and to expect that not to do harm or damage to someone," Thompson said.
BOSTON PEDIATRICIAN JAILED ON CHILD PORN CHARGES
The lawsuit also named Sprint because they licensed the phones. "There's a reason that we named RadioShack first," Thompson explained, "but at the same time, I've been doing this for long enough to know that just because one thing seems logical doesn't mean it couldn't have happened another way… so you have to name everybody."
The Daily News reached out to the store but employees declined to comment. RadioShack's corporate office did not return the Daily News' call.
mwalsh@nydailynews.com
Read more: http://www.nydailynews.com/news/nat...d-mom-girl-13-article-1.1175078#ixzz28N0RN0pxcnote11 hour ago
hOW DO THEY GET PRELOADED PORN ON A NEW PHONE . THAT MEANS RADIO SHACK WAS LYIING AND SELLING USED STUFF . if she is lying they can track that download to her pc too but if not she is going to get paid becaue that means there are other USED phones beingf sold as brand new . I dont like lawsuit but if u selling me used good that means Depreciation should have taken place but to Still sell it as new means SHADY BUSSINESS practice and AS SUCH trhey are liable for misrepresnting a item . would u buy a USED car as NEW off the LOT ?u already lose 5k once it has a prior owner now u want to be the 2nd owner paying brand new pricing as well. this is why i beleive in certified preown . same differnce but 10-20% less
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Cassie72 hours ago
Shady business practice by Radio Shack...selling refurbished phones as new. That can probably stick in court. The emotional distress etc., i don't think so. It's not like RS intentionally sold the phones knowing they contained porn n wanted to harm children/adults.
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Dlady4e2 hours ago
OMG!!!!!! Sue over WHAT?!?!?! "intentional infliction of emotional distress" and "deceptive trade practices."....REALLY?!?!?!? Does she REALLY think that Radio Shack would intentionally sully their own name and reputation?!?!?!? I hope the judge throws her and her stupid lawyer out of the court room!!!!!
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Ezekiel122 hours ago
I believe Radio Shack is at fault.
It’s store was trying to sell as new, phones that had obviously been used.
If you’re going to sell a used phone, tablet or computer as new, then it’s incumbent upon you to make sure the hard drive is free of pornography or any other offensive content.
But the bottom line is, Radio Shack was deceitful by attempting to pawn off telecommunications equipment as new when it was not.
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Mich1216801 hour ago
I find it amusing how the kid needed "psychological counseling" after viewing the images.
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Ezekiel126 minutes ago
It may not necessarily be amusing. Depending on her upbringing, the child really could be traumatized.
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KZS7 minutes ago
...they will get plenty and I am glad that they will. Selling used items as new requires litigation and I hope it is so much that RS will think twice before pulling a stunt like that.
As for the kid, child porn IS A CRIME and ignorance of not knowing it was there is NO EXCUSE. It would never have happened if Radio Schack in fact sold them a new fone instead of a used one sold as new...
Treble damages if I was on the jury, again as motivation for the company to do business honestly...