Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Asked in Consumer Law and Identity Theft for Nevada

Q: Pawned phone sold with personal data; what to do?

I pawned my cellphone with a contract, but missed the deadline for retrieval, and the pawn shop sold it. The phone contained sensitive personal information like photos, videos, contracts, banking information, and passwords. I have contacted the pawn shop to try retrieving my data, but they said the phone was sold and ended the call abruptly. What steps can I take to address this issue and protect my personal information?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You entrusted the phone to the pawnbroker under contract, and its sale without notice has exposed your personal information.

Immediately send a written demand to the pawn shop demanding the device back or a data‐recovery solution, keep copies of that demand, and file a police report for conversion and unauthorized access. Consider a small‐claims action against the shop for breach of contract and conversion if they refuse to cooperate.

Change all account passwords and enable multi‐factor authentication on every service you accessed from the phone. Notify your banks and credit card companies about the data exposure and freeze or monitor your accounts for suspicious activity. Place fraud alerts or a credit freeze with each of the three major credit bureaus to guard against identity theft. Monitor your credit reports regularly and consider filing an identity‐theft report with the Federal Trade Commission to document the incident.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.