The top U.S. wireless provider and the world’s leading handset maker have been named defendants in a class action lawsuit alleging a used cellphone was sold as new by a California retailer.

“The class has suffered injuries in fact and lost money or property as a result of the … acts in that members of the class paid the purchase price for a brand new Nokia cellphone and instead received a used or reconditioned Nokia cellphone that was worth substantially less,” stated the 27-page complaint filed by attorneys at the law offices of Gregg Farley and Michels & Watkins in Los Angeles.

The lawsuit against Nokia Corp., AT&T Mobility and CommClub was originally filed in Los Angeles Superior Court, only to be removed recently to federal court.

“This is a procedural step to move the case from state court to federal court. Beyond that we have no further comment on this pending litigation,” said an AT&T Mobility spokesman.

via rcrnews