Legal Question in Consumer Law in Maryland

Outraged in New York

My seven year old grandson recently received pornographic flyers in the mail. The envelope they came in was a plain white business type with no printing or markings that it contained adult materials. The material was an order form for adult magazines and sex toys. It was in full color and very graphic plainly showing these items of the adult male and female genitals. Because he is only seven and loves to receive mail and the fact that the envelope wasn't suspicious in any way, we let him open it. You can imagine the astonishment, embarrassment and disgust I experienced when he came to me and said, ''Nana I don't think this is for me.'' I have registered a complaint with the attorney general's office and am considering taking legal action. Can you tell me what, if any, legal recourse there is for this situation. I am looking to prevent my grandson or any other child for that matter from receiving this kind of disgusting filth ever again. Thank you for taking the time to read this and I am hoping you will be able to help me in my search to stop this type of exploitation of children.


Asked on 9/16/04, 8:52 am

2 Answers from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Outraged in New York

There are forms you can fill out with the US Postal Service to stop this type of material. I am not sure, but it may be that certain known senders are provided with the list, so that unidentified companies like the one you mention may be given the list by the USPS and know in advance not to send it.

Read more
Answered on 9/16/04, 11:52 am
Alan Albin Alan S. Albin, Attorney at Law

Re: Outraged in New York

If you can identify the sender of the offensive mail piece, then it might be possible to bring a civil lawsuit against the responsible parties.

It might be difficult to identify the actual sender, of course. Or, they may be hard to locate for purposes of filing suit.

Another approach would be to attempt to identify how your 7-year old grandson's name got on to a pornographer's mailing list. In order for this to happen, perhaps the pornographer purchased a mailing list from another publication, or some other company. (It is difficult, however, to imagine a pornographer deliberately purchasing a mailing list of children, which would not appear to be the target market, and which would expose the pornographer to liability.) If you determine that the pornographer obtained your grandson's name and address from another source--say, a publication for children (again, this seems highly unlikely), you could address the issue to that secondary source.

It is also possible that the mail piece was misaddressed. Is there an adult in the home with the same or similar name to your grandson? If so, the pornographer could have been intending to provide the material to the adult recipient. If so, this should be discussed with that person to prevent a recurrence.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Read more
Answered on 9/16/04, 12:32 pm


Related Questions & Answers

More Consumer Law questions and answers in Maryland