An angry father is suing Sprint, alleging that the "new" phone he purchased for his son at a Sprint store came pre-loaded with nude photos of the store's employees.
Arsen Garibyan purchased the phone in 2011 from a Sprint store in Pasadena, and did not discover the pornographic photos until his underage son had unpackaged the phone and asked "Daddy, what is this?," Los Angeles' KNX Radio reports.
Garibyan did not consider this clothesless content amusing, and he sued both Sprint and Nextel of California on his son's behalf.
Nude Selfies Not a Part of the Family Plan
According to KNX, Garibyan's suit alleges that the phone he purchased for his son contained "full-body naked as well as genital-focused graphic pictures and videos" of the Sprint store employees Garibyan recognized from his purchase date.
The lawsuit claimed that this conduct constituted:
- Breach of contract. The phone contract was premised on certain conditions of the phone, one that did not likely include a device used to take naked selfies.
- Fraud. The employees who sold Garibyan the phone allegedly knew the phone was used and full of naked pics, and misrepresented its condition when they sold it to him.
- Breach of implied warranty of merchantability. This warranty is included in any product sold as "new," and phones used and loaded with porn are not exactly fit to be sold as new.
- Negligent infliction of emotional distress. If Garibyan or his son suffered mental or psychological trauma from viewing the photos -- especially when coupled with a related medical condition -- they may potentially recover for damages.
This isn't the first time that a Sprint phone has been used for naked pics; Garibyan's complaint states that a Georgia woman had the same thing happen with her 13-year-old daughter's phone, reports KNX.
What About the Allegedly Pervy Employees?
Garibyan could also potentially sue the employees for their roles in selling him and his son the phone. But since Sprint and Nextel actually have money, it's smarter to go after the employers for the acts of their employees on the job.
That's good news for the employee exhibitionists because Garibyan's suit, which is just within the two year statute of limitations for personal injury claims, may have Sprint paying out more than those employees make in a decade.
- Father sues Sprint, says son's phone came with porn images (Los Angeles Daily News)
- Store Employees Steal Customer's Naked Cell Phone Photos (FindLaw's Legally Weird)
- 'Cop Selfies' Hit the Internet, Cost Jobs (FindLaw's Legal Grounds)
- Lost Cell Phone Leads to Child Porn Arrests (FindLaw's Blotter)