I purchased a digital camera last night at a reputable well-known store. It was the last one of that type, but it was in the display case and was in perfect condition. I paid approximately $140.00 for it on sale, as well as a 2G memory card. I left the store and went to my car, placed an order for food and had to wait about 15 minutes for it to be ready, so I decided to take that time to figure out how the camera worked. I didn't install the memory card.. . I just turned on the camera and figured it had a little bit of space for try-out pics. I snapped a picture of my car and then went to view my photo. Sure enough, the pic of the car was there, along with various pictures of what looked to be a storeroom, a couple of face pictures (which I honestly believe were of one of the guys working there that night) and then a picture of just a woman with her bra on and then the grand finale of this man's genital area - taken sitting down and looking down!

I went back into the store immediately because I didn't want to be accused of taking it home and setting the whole thing up! The other clerk apologized and was really great - gave me the next model up of the same brand of camera and a 1G memory card. I was so flustered that I didn't realize until I got home that, in fact, the only thing they did to make it up to me was basically take $25 off what I paid for the original camera and memory card!

I plan to call this store's corporate headquarters today, but I'm questioning if I may have a lawsuit. What if I had just handed the camera to my young daughter or son? After sleeping on the whole thing I feel totally offended and feel that they didn't nearly "make it up to me". Any ideas?

Thanks!

OK.

What are your specific damages?

I say you have none.

Sure, your daughter or son "could" have seen the photo, but didn't.

So some employees had a little fun in the backroom, and were too stupid to delete the photos.

I just don't see that you suffered much here, but hey, no harm in trying to get something more from the store, if that is what you feel is the right thing for you to do.

Lets separate this into two issues:

1) were you sufficiently compensated
2) Do you have a lawsuit

Lets take the easy one first. No you do not have a lawsuit. No laws were broken, you suffered no loss or damage other than some embarrassment. Even if you had given it to your young daughter there would still be no lawsuit. Sure you could file a suit, but I doubt if you would win. Most likely it would be thrown out.

Frankly, I think you should be ashamed of yourself. It certainly appears that you are looking for a payday out of this incident.

Now to whether you were sufficiently compensated. You say they gave you a brand new camera of the next model in line and a 1 G card. Did you also return the 2G card?

In either case, I think you were sufficiently compensated. I don't believe the store had to do anymore than wipe the internal memory and return the camera to you. By giving you a brand new camera of a higher model they were doing more than they had to.

Anytime your purchase a display model versus one in an unopened package you run the risk of getting a surprise. Well, the surprise you got was unpleasant granted, but not grounds for any kind of a case. What were your damages? None that I can see for a case to have enough merit to file let alone win. Sorry. You could complain to corporate that the store personnel were jerks, but since you gave the camera back I am quite sure the offending photo was deleted in a heartbeat. Digital cameras can be erased you know.

Yes, you agreed to the return of the camera and was given one of higher quality at the same price. If you wanted more, you needed to ask for more at that time,

And since nothing happened, and to be honest at this point you also can not prove anything happened, you have no case what so ever.
And I am not sure there was actually anything purely illegal, If the store people were all over 18, while against store policy I am sure, was it illegal, you bought a open demo model I would assume.
Perhaps the store selling you a used camera for a new one would be the only actually illegal thing that happened.