The ACCC discovered the discrepancy after a customer purchased a phone at a JB Hi-Fi store at Westfield Kotara and found it loaded with an existing user's contacts and video clips.
JB Hi-Fi claims a "procedural error" saw returned mobile phones inadvertently mixed with new stock rather than being returned to the supplier.
JB Hi-Fi has now undertaken to publish corrective advertising and refund or replace any phone purchased at the Kotara Westfield between January and August 2008.
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