McDonald’s Sued Over Nude Photos
An Arkansas couple is suing McDonald’s for $3 million after the husband left his cell phone – containing nude photos of his wife – in one of their restaurants. He called the restaurant manager and was assured the phone would be held for him until he could come and get it, later to discover that the photos had been posted (along with the couple’s names, address and phone number) on the Internet.
The wife began receiving offensive phone calls and text messages, and the couple eventually had to move. The lawsuit claims they suffered emotional distress, embarrassment and damage to their reputations, and they also contend that McDonald’s should pay for their moving expenses.
Every newspaper account I’ve seen includes the couple’s full names and town. I’m of two minds about this: On one hand, this moves their embarrassment to a national level. On the other hand, they made the decision to sue McDonald’s over a situation for which they were primarily at fault, and that’s what made teh story newsworthy.
The photos were removed from the web site but, because of the nature of the Internet, they have already spread to countless other sites and will likely remain available forever.
November 24th, 2008 at 3:54 pm
So — not sure how they can be suing McD’s. I’m assuming someone was on there looking for contact info to call who owned the phone when it was found, and then came across the photos. What happened sucks, but not sure why it’s McDonald’s fault.
What whoever did put them up online did is dispicable, but lesson to you all, DON”T TAKE PHOTOS, and especially DON’T PUT SAID PHOTOS ON PHONE!!!!
November 24th, 2008 at 5:27 pm
A McDonald’s employee stole photos from their phone, which they had been assured would be kept safe until they could retrieve it. It’s not unusual for a company to be sued for its employees mistakes when the mistakes were made on the job.
If it had been their financial information, perhaps people would be more likely to blame the employees rather than the couple.
November 24th, 2008 at 5:37 pm
DD,
It is not safe to assume that the employee did the stealing. I would assume that the phone was left on the table. Any user of that table from that point forward till the phone was retrieved could be suspect. We do not have enough facts in the case to know everything that happened here. If no one else ate at the table then yes, the employee could be suspect.
November 24th, 2008 at 5:50 pm
There seems to be a lot of risky risque phone photography. Even Arlo & Janis had an episode. I can see posting the photos but posting the names and address seems a bit much. How do you prove that it was an employee that did it.
November 24th, 2008 at 8:06 pm
He called McDonald’s and the employee said they had the phone. It’s unlikely anyone but the employees had access to the images.
I still don’t get why they have to move.
November 25th, 2008 at 2:06 am
Seems to me the defense has two good arguments: There’s no proof that somebody else didn’t have access to the phone before a McDonald’s employee found it (or in was turned in); and McDonald’s management had no responsibility to safeguard the phone. Even if the manager said he would, there was no “contract.” If, say, Careless Cell Phone Guy had said “Keep the phone safe and I’ll give you $10,” and the manager agreed, then an obligation would exist.
November 25th, 2008 at 2:33 am
But how can you be sure there isn’t evidence that another customer didn’t get the pictures? I think both opinions have good arguments, but both arguments center around the fact that it is likely no one here has the full scope of details pertaining to this case.
I’d have to agree with DD though in the respect that companies are often held liable for the actions of their employees; especially on company property, while the employee is working and in a capacity that relates to the employees job. A manager is responsible for customer service and ethical behavior. It seems entirely plausible that if the manager participated in the events that allowed these pictures to reach the web that his company would be held responsible. I also agree that if the information leaked was financial information the manager would be immediately demonized as a identity thief and there would be little argument as to the blame. Personal information is still personal information, no matter the nature.
Charlene, the story indicates that on top of the nude pictures, the couples address was also posted. I would want to move also.
I am opposed to frivolous suits, but in this case I think it is a little harsh, and naive, to dismiss this case as unfounded. The couple has clearly faced emotional and financial trouble as a direct result of the pictures and contact information being released. If the manager was responsible, after assuring a customer of his company that his personal information would be kept safe, then it seems reasonable that he face a lawsuit.
Whether plaintiff or defense receives a judgement in favor of is a different discussion. Beauty of our legal system.
November 25th, 2008 at 6:52 am
I agree with r.
As for having to move: Having to move is hard enough; imagine trying to sell the old address!
November 25th, 2008 at 3:18 pm
Seems to me that there may be an trail of where the pictures went and when. It’s possible that someone used the couples’ phone to mail the photos to another phone or an email address. My phone has the option of sending the photos by phone number, email address or infrared. There is the possibility that the person who sent them can be found.
As far as I’m concerned, this is the same as helping yourself to the contents of a found wallet or purse then expecting the owners to be not annoyed that you took things. I guess it all depends on when you think you no longer have a right to your property and privacy.
November 25th, 2008 at 3:29 pm
Certainly, Kate, SOMEBODY made improper use of the photos. The question is whether McDonald’s should be held legally responsible.
To use your example, if this guy had left his wallet on the table, then later called McDonald’s and asked the manager to hold onto it for him, and when he got there the money was gone, does he have the right to hold the manager responsible for the loss of the money if he can’t prove at what point the money had been removed?
November 25th, 2008 at 7:09 pm
The similar situation I’d use is if the wallet was left at the restaurant and then the credit cards were used in fraudulent purchases or identity theft. Would the restaurant then be held responsible?
If there is a direct link that can be proven between the improper use of the credit cards and an employee of the business, I’d hold the restaurant responsible. There’s been lawsuits where celebs have had their sex tapes stolen and the posted on the internet. I think the case law derived from those lawsuits are applicable to this situation.
November 26th, 2008 at 1:11 am
Can’t the check security tapes to see if any customers handled the phone?
February 9th, 2010 at 11:38 pm
Virtual memory is something that I seem to be unable to ever have enough of. It feels like megabytes and gigabytes have become an inseparable part of my every day existence. Ever since I bought a Micro SD Card for my NDS flash card, I’ve been constantly vigilant for large memory at cheap prices. It’s driving me absolutely nuts.(Posted from Net10 for R4i Nintendo DS.)