Look, I can't tell from the article exactly what the reality of this is. Maybe McD's never got the phone. Maybe they got to it late, after someone else forwarded the pix elsewhere. Maybe the manager got it and thought this would be funny. Maybe some other wage-slave did this while it was in the office. There's several directions this can go, depending on that chain of responsibility, and before anyone gets sued, that should be established.
I am sick and fucking tired of people suing any company they think they can blame for something that starts with being their own damn fault. When I worked at [a major ISP], I dealt with people who wanted to sue us because they couldn't get into their Hotmail accounts. At an ISP before that, I had to face-to-face explain to a guy why his idea of suing the company was stupid (his 'Net was down [through no fault of ours, as it turns out] and he wanted to sue us because he was losing money...which turned out to be in Ultima Online!). While making a movie, I ran across a parking lot, on my own time, and busted my hands. In the ER, later, they asked if I had plans to sue the location, and my jaw hit the floor.
How many frivolous lawsuits do we hear about and laugh about about every week? Sometimes, there's some actually wrongdoing involved, of course, but really, is it the fault of the store when your hellion child runs around and around until he slips and falls? Is it the store's fault when you trip over your own clumsy feet in the parking lot, resulting in a broken arm?
All I'm saying is to ascertain where the fault lies before going apeshit in the courts...and admit when part of it is your own stupidity. Hey, whoever posted that woman's pix and personal info on the 'Net should be made to stand tall before The Man, you'll get no argument from me on that point. But let's not continue to allow people to simply tiptoe through the tulips, assuming that everything is someone else's fault to be used as a "get rich" scheme. If you're gonna lay blame, make sure you know where the blame should lie.
Meanwhile, if you have nude pix that you don't want anyone else to see, then don't have them where they can be seen, natch.