Attorney Curt Thompson told WSB-TV, Atlanta, Marcia Jones and her teenage daughter Morgan bought two HTC Evo 4G phones from a Radio Shack store at a mall in Lithonia, Ga.
He said when 13-year-old Morgan activated the phones, she found adult and child pornography in the photo gallery.
"These were apparently ... phones that someone had used," Thompson said. "They had used them to upload pornographic pictures."
He said when Jones complained, the store was only willing to "trade out the phones."
Morgan Jones had to go through some counseling after being exposed to the graphic pictures, Thompson said.
There was no word on the amount of damages the family is seeking.