Legal Question in Business Law in California
I remember hearing something a while back about Walmart not selling anything with profanity & suffered a pretty big lawsuit for having a cd with profanity on their shelves. When the newest Britney Spears CD came out I went to Walmart to purchase, as it is for my 6 year old & 2 year old daughters. I did a little research & Walmart does not label "Explict Lyrics" because supposedly they don't carry any of the such. They must have missed a song. Without my kids even realizing it are singing "You can be my F*** tonight." Wow! Now what can I do?
5 Answers from Attorneys
They may say, as do I, to return, sell, give away, or dispose of the CD. The store is not the arbiter or guarantor of what is on the media sold there. Although they may try to screen out the worst, they can't be held liable for all the evil that is in today's media. Buyer beware. I doubt the cover art of the CD made it look like a kiddie item. Britney Spears is one of the decadent artists in vogue, and clearly markets that way.
I agree with Mr. Nelson. Expand your horizons to be more tolerant and relax and realize the world is not the perfect workd that you want it to be.
I agree; WalMart may inadvertently have violated its own policy, but no law; and no lawyer is going to encourage you to sue them.
As a Franchise Attorney I agree with the other attorney answers, but add the following. You should write to WalMart and let them know what happened. I'm sure they will take the necessary steps to ensure it doesn't happen again, and may do something to satisfy an unhappy customer. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Be sure to take that CD away from them.
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