Now in Legal Rebels:
Posted Mar 03, 2014 09:30 pm CST
A woman is suing Sprint Corp., contending that an employee browsed through her phone—which she traded in for an upgraded model at a Sprint store last year—then posted intimate photos on the plaintiff’s Facebook page through an application on the phone.
The woman—who had forgotten those photos were among the 5,000 in her phone, according to her lawyer—had been assured by a store worker that her phone would be wiped clean, according to her complaint filed last week in Los Angeles Superior Court asserting claims for identity theft, invasion of privacy and infliction of emotional distress, the Los Angeles Times (sub. req.) reports. The man in the sex shots, who is also identifiable, is also seeking damages.
“It was very embarrassing, shocking, traumatizing,” said attorney S. Mohammad “Mike” Kazerouni, who is representing the plaintiff. “I think it’s disgusting. I can’t fathom why someone would want to put up intimate pictures of someone they’ve never met on their Facebook page.”
A Sprint representative told the newspaper that the company takes consumer privacy issues very seriously and will investigate.
Kazerouni said he has a screenshot of his client’s Facebook page showing the photographs and showing that they were loaded from a mobile phone. He says he will subpoena Facebook to determine where the phone was when the intimate pictures were posted.
Meanwhile, he suggests, others turning in cellphones might want to make sure themselves that all photos have been erased, regardless of which company is getting the devices.
Updated at 5:15 p.m. to correct typo.