T-mobile provide new MDA Compact with pre loaded PORN

GrahameD

Active Member
Hi I recently got my T-mobile MDA compact phone replaced under warranty with what I was told was a brand new unit.

In the memory of the new unit are many photos, video clips of a husband and wife, a wife being saucy in bed 1 hard core porn video downloaded to the phone.
A couple of scantily clad ladies showing their undies.
As well as kids and family dog and a document about a new job and a photo of I presume the previous owner of this 'new' phone.

I have left the files on the phone and taken screen capture images. Not sure how legal it is to forward pics of someone else that are on my phone.

My wife had a go at me last night when using my phone until I realised what had happened.
I can't believe the phone company has sent this out as new, without erasing the memory.
I tried cancelling my contract and they have refused. They have commited a criminal offence. T-mobile have been trying to resolve this issue since I reported it last Friday.
They have confirmed the phone was delivered to the store in Stevenage as new and are awaiting a response from their warehouse.
Internal investigations are still ongoing.
All they have offered so far is to swap the phone. I am advised to hang on to it as criminal evidence.
They had promised a reply by yesterday (Wednesday) but as yet no further news.
Perhaps some new services web and porn or pay as you porn are coming soon.

Grahame

File names are
09/06/2005 14:17 381,497 Angry kid - curious.mp4
09/06/2005 14:19 531,561 Angry kid terrettes.3gp
09/06/2005 14:11 705,210 Deepthroat.3gp
10/06/2005 00:58 43,244 IMAGE_00010.jpg
14/06/2005 20:12 30,636 IMAGE_00020.jpg
14/06/2005 20:13 29,544 IMAGE_00021.jpg
14/06/2005 20:16 25,516 IMAGE_00022.jpg
14/06/2005 20:17 29,952 IMAGE_00023.jpg
20/06/2005 23:35 33,580 IMAGE_00025.jpg
20/06/2005 23:36 18,404 IMAGE_00026.jpg
01/07/2005 18:22 33,412 IMAGE_00031.jpg
03/07/2005 10:13 33,972 IMAGE_00033.jpg
03/07/2005 10:15 28,644 IMAGE_00034.jpg
01/10/2004 19:48 48,616 New undies.jpg
08/06/2005 23:38 5,726 Old Phone.mid
03/07/2005 09:55 57,026 Photo-0032.jpg
08/06/2005 23:35 42,289 Picture.jpg
05/08/2003 18:11 26,625 Pond.jpg
05/08/2003 18:11 8,681 Utah.png
13/06/2005 00:01 1,002,742 VIDEO_00003.mp4
02/07/2005 22:27 1,851,005 VIDEO_00017.mp4
 

chrislad

Well-known Member
I honestly don't know whether to laugh or wish your luck in court!

Get what you can out of them anyways. Stick to your guns as you're 100% in the right. The only thing is that it's your words against theirs. They could say you put it there yourself, but with the bad publicity, I doubt they would. Say that you'll contact The Sun if they don't sort you out :)
 

Monty Burns

Well-known Member
Just one question:

Why don't you just delete the offending material and get on with using the phone?


It was obviously a mistake. They know they have :censored: up. You know they have fecked up. We know they have :censored: up. I'm fairly sure someone in T-Mobile will be having a damn good slapping (maybe they will video it!? :rotfl: ) for this. I bet after they have finished dishing out a right good slapping they will step up measures to prevent it happening again.

Honest question:Why go through the hastle of going to court over it?
[edited by Mylo, moderator]
 

StevieDvd

Active Member
I'm not sure they have committed a criminal offense, perhaps they may have broken the trade descriptions act by misrepresenting a used phone as a new one. But it would look to be more a human error than anything else.

At the least I would expect a 'brand new' phone or even the next model up as an immediate replacement.

PS As my profile shows I am from Stevenage can I just say - I have never owned an MDA phone and have never had a T-mobile contract, have no dog and have had the same job for years:D

Did Gary Glitter have an T-mobile???

Steve
 

GrahameD

Active Member
With IMEI numbers and a decent system I guess they can check who owned the phone previously. I have a partial CV and pictures of what looks likes a decent chap in a suit around 30. his female friend is quite pretty to, esp flashing when fluttering her eyes, and pushing up her bust up.

This phone is clearly not the new replacement T-mobile told me it was.

Why bother with content locks when its pre loaded?

Lucky the phone is not used by a minor.

If you know someone whom has at least 1 daughter about 12-13 that is an Arsenal fan, and recently applied for a job at Barts. Let me know, he may want his pics back.
 

JamieD

Active Member
GrahameD said:
This phone is clearly not the new replacement T-mobile told me it was.
Well, under consumer rights they are can either repair your existing phone or replace the phone with the same or a functionally similar equivalent, there is nothing in the law to replace with new. They are quite within their rights to replace it with a used or refurbished item.

However, on your other option, the distribution of pr0n to minors etc. well it's very unlikely anyone will rule against them because they can only take reasonable precautions, millions of handsets etc, they can't check everyone yadda yadda.

I think the best you can hope for is an apology, free contract and a new phone, perhaps the new MDA IV :) otherwise is Watchdog ahoy!
 

Monty Burns

Well-known Member
JamieD said:
...
However, on your other option, the distribution of pr0n to minors etc. well it's very unlikely anyone will rule against them because they can only take reasonable precautions, millions of handsets etc, they can't check everyone yadda yadda.....
That and, if its like any other Windows o/s, you could just change the date back a year, push some files onto it and then forward the date again ..... hey presto! The files were put on there before you got the phone ;)

So dificult to prove the phone was contaminated before you got it.

(I know the phone has not been out a year, its used as an example)


All just seems like a storm in a teacup to me :)
 
post the pics post the pics :rotfl: :clap: :clap:
 

GrahameD

Active Member
Well it turns out T-Mobile have broken the 1998 data protection act in passing over someone elses data.

I would love to post the pics but I guess I would be breaking the law to.
If I own the phone do I own the pics?

I am not bothered if the phone is refurbished as long as it is mint and works.

Someone has cut corners in the QA or repair process and as such someone should that person should have the finger pointed at them.
 

chrislad

Well-known Member
When pictures are taken, as far as I know, only the person who takes them owns the copyright. Technically you just have them, you don't own them.

You know those digital photo machines that print out photos for you? There was a big disclaimer telling me this when I was printing out my own images.
 

skap7309

Banned
Youve caught a company falsley selling goods as new, i hope you can teach the bastards a lesson, as a consumer i look down on this HUGLEY. I know alot of companies try to mislead people, so hopefully this'll kick them where it hurts.
 
P

pr1uk

Guest
I love porn myself, but T-Mobile have broken the law here and the data protection act and you should get compensation from then or seek legal advice. I would ring my local paper or TV news and see if its a story they would like to run.

Where is the pics then ?
 

Trending threads

Top Bottom