Lawsuit for smartphone security gaps – The consumer center North Rhine-Westphalia prepares a complaint against a media market in Cologne. The market had sold smartphones with 15 security holes and its customers were not pointed to the risk.
Complaint against Media Markt
As the Süddeutsche Zeitung reported, the Consumer Center North Rhine Westphalia is preparing a lawsuit, in which it denounces 15 irreversible security gaps of an Android smartphone. The defendant is, however, not the manufacturer of the device, but the dealer, who has sold the model here: A media market in Cologne.
The core is the Mobistel Cynus T6, an Android smartphone, which at the time of sale had already 15 vulnerable security gaps. However, the buyer did not receive any information about this risk, the media market offered the device without warning for 99 euros. For consumer protectionists, however, such an indication is an “essential piece of information” which must be communicated to customers.
Safety gaps must be reported
Dealers such as Media Markt have no influence on the elimination of security gaps. If defects are discovered, the manufacturer of the devices must provide a solution and provide a patch. In the case of Mobistel, the manufacturer was already informed about the gaps in September 2016 – nothing has happened since then.
However, Media Markt as a salesman can not steal the responsibility, the consumer protectionists. The retailer has an intermediate position since he is the direct contractual partner of the customer and is thus obliged to inform his customers of such defects.
“It can not be that I buy a new piece of equipment in a market that is fraught with safety gaps that will not be closed even after I have it put into operation and I do not know that,” explains Christine Steffen from the Consumer Center North Rhine-Westphalia.
Media market is the responsibility
The decision to take action against the media market in Cologne and not against Mobistel or Google had deliberately taken, it is said. It would not be a sale ban, but much more about a signal effect. The consumer center wants to enable customers to make an informed decision and create pressure on manufacturers.
It is being negotiated before the Cologne Regional Court in the course of a civil process. It is only directed against this one Media Markt branch. According to Media Markt the device was already taken out of the assortment.
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