Case Note 204348 [2009] NZPrivCmr 6 : Mobile phone on-sold without deleting previous owner’s information

A woman bought a mobile phone for her teenage daughter, but the phone stopped working shortly afterwards. She returned the phone to the mobile phone retailer and received a replacement. She waited in the store while the retailer supposedly erased her daughter’s information from the phone. Around two months later, the woman’s daughter received a text message from a friend. The friend said that a stranger had been sending her text messages asking about the daughter. The woman discovered that the mobile phone retailer had repaired her daughter’s original mobile phone and had then on-sold it to the stranger. The phone still contained the daughter’s contact list and photographs, and the stranger was using this information to try to find out more about the daughter. The woman was very concerned for her daughter’s safety, and the daughter was upset that her details were in the hands of a stranger.

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