The Atlanta Injury News Blog

Mom Sues Radio Shack Over Cell Phone Child Porn

A Lithonia mom got more than she bargained for when she bought two phones from Radio Shack.

When Marcia Jones' 13-year-old daughter went to activate the phones she found adult and child pornography on them, Channel 2 Action News reports. Now Jones is suing Radio Shack, claiming her daughter suffered emotional injury from the incident.

Jones bought the two HTC Evo phones from a Lithonia Radio Shack under the impression that they were brand new. While setting up the phone, 13-year-old Morgan Jones went to the photo gallery and found adult and child pornographic images.

"These were apparently used phones that someone had used," Jones' Attorney Curt Thompson said. "They had used them to upload pornographic pictures."

When Jones took the phones back, Radio Shack allegedly refused to do anything except exchange the phones for new ones. Thompson says that Jones' 13-year-old daughter has had to go through counseling after being exposed to the pictures.

Jones may claim that Radio Shack is liable for the intentional infliction of emotional distress. That would require Jones to show that Radio Shack's behavior was extreme or outrageous and that it recklessly caused her daughter to suffer severe emotional distress.

Jones could argue that it's outrageous behavior for a business not to check it's used phones, especially for obscene materials, before selling them to customers. If the suit is successful, Jones could be awarded damages for her daughter's emotional trauma, the cost of counseling, and even punitive damages.

Jones may also be suing on a breach of contract cause of action. She purchased the phones under the impression that they were brand new and hadn't been altered in any way. The phones, however, ended up being used. Jones may be able to recover the cost of the phones and any additional expenses that resulted from the incident.

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