WINCHESTER — A woman who had a nude video of herself stolen from her phone by a Best Buy employee at the company’s Winchester store is suing Best Buy for at least $500,000.

While on a road trip, plaintiff Allison Cardullo visited the store on April 6, 2016, to get her phone fixed, according to a lawsuit filed earlier this month in Winchester Circuit Court. While waiting for the repair to be completed, Cardullo, of Randolph, N.J., contacted her family using an iPad temporarily connected to the same iCloud as the phone.

Cardullo noticed an outgoing multimedia text from her phone to a phone number she didn’t recognize. The lawsuit said it was a previously deleted nude video of herself.

Cardullo complained to store managers and called police. John Carlo Posadas, then an employee of the store’s repair team known as the Geek Squad, admitted he texted the video to his phone after being questioned by police Officer Robin A. Shillinnburg.

Posadas, 24, of the 100 block of Hill Valley Drive in Winchester, was charged with computer trespass. He was convicted in a trial in November of 2016. He pleaded guilty to an amended charge of disabling computer software. He received a 30-day suspended sentence and paid a $179 fine.

The lawsuit said the video was copied onto an iPad of the company where Cardullo was employed, which led her to eventually resign from the job. The suit claims the incident led to emotional and financial problems for Cardullo, who was diagnosed with post-traumatic stress disorder as a result.

Cardullo now visits a psychotherapist twice a week and has an emotional support animal that was diagnosed for her by a psychiatrist, the lawsuit states.

The lawsuit seeks compensation for “emotional, financial and mental damages.” It said Cardullo’s emotional trauma was compounded by the embarrassment of having to face Posadas in court twice.

“Additionally, she was required to repeat the unfortunate series of events to male store managers, police officers and in a public court of law, much to her shame,” the lawsuit said.

Reached by phone Tuesday, Cardullo wouldn’t comment. Shane Kitzman, a spokesman for the $39.4 billion company, also wouldn’t comment. A Best Buy employee at the Winchester store said Wednesday that Posados no longer works there.

— Contact Evan Goodenow at egoodenow@winchesterstar.com

(13) comments

pabtm

Plea bargain? Suspended sentence? A token fine? Seems to me that the creep in this case got off easy.

What the young reprobate did was violate this woman's privacy and steal her intellectual property, presumably with the intent to distribute her image far and wide on the internet. Could the Winchester prosecutor's office not come up with more serious charges than just "computer trespass" or "disabling software"?? How about plain old theft? Or copyright infringement? Or intent to distribute stolen property?

In this age of #metoo, I submit that this legal laxity is a travesty. Where's the e-mob of pitchfork-wielding SJW's when we need them? Allow me to suggest a few possible hashtag slogans: #AllisonToo #TooManyBadPleaDeals #ProsecutorResign #HandsOffMyPics
#BoycottEveryoneWhoHadAnythingToDoWithThis
#NoReallyWhatsWithAllTheNakedPictures

[Side note: does *everyone* have nude pictures of themselves on their phones except me? Not blaming the victim -- she has the right to be secure in her racy pics -- but I was just wondering how far this trend has gone.]

[2nd side note: Just to clarify, I'm only partially being sarcastic in this posting... I really am irate that this guy got away with a relatively minor slap on the wrist for what should be seen as a serious theft and breach of trust.]

Bose-Einstein

Read the story. The photo had been deleted. The Geek would have had to pull tricks to recover it.

Deus_Vult

She might have deleted the data, but somehow a copy of it made it on to another device she signed into:

"The lawsuit said the video was copied onto an iPad of the company where Cardullo was employed, which led her to eventually resign from the job. The suit claims the incident led to emotional and financial problems for Cardullo, who was diagnosed with post-traumatic stress disorder as a result."

JSP215

Easy fix, you don’t have nude photos of yourself on your phone...or anywhere else for that matter.

CRT

So it's her fault rather than the fault of the thief/pervert? Nice.

JSP215

If you have nothing to steal you will never be a victim.

Deus_Vult

Still, it was an unwarranted search on her personal property. The tech had no business looking through her pictures and videos.

Deus_Vult

Well, that man had no business taking videos or photos off her phone. He was fired, so that should be the end of any liability BB might have. Still, she should've known better than to keep such compromising data in her account in the first place. She did something stupid in linking her iCloud account to her employer-owned iPad. That's not Best Buy's fault and they shouldn't be held liable for her "mental anguish". It appears like she's looking for a payoff.

CRT

Employers can be on the hook for the bad acts of their employees. I would also point out that it was a recently deleted file that he accessed. She may have been required to link her business account to her personal phone. Employers these days often demand employees check email and have access to work files during off hours.

Deus_Vult

They can, but only if they had history of covering it up. Here's the part of the article that makes her claim rather interesting:

"he lawsuit said the video was copied onto an iPad of the company where Cardullo was employed, which led her to eventually resign from the job. The suit claims the incident led to emotional and financial problems for Cardullo, who was diagnosed with post-traumatic stress disorder as a result."

So she apparently had this file in her iCloud account and someone she was working for/with must have found it, so her claim that it was deleted seems suspicious Her emotional and financial problems are the result of the video being on the iPad, not her phone. I don't see where she has a case against BB on her claim.

Chupacabra

She didn't wipe her files with a cloth.

Deus_Vult

HAHAHAHAHAAAAAA!

rjm24

This is...awkward.

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