View Full Version : First Christmas present lawsuit of the year

12-29-2007, 09:58 AM
http://news.yahoo.com/s/ap/20071228/ap_on_fe_st/odd_x_rated_mp3_player;_ylt=ApGOg0pfyt9oUiJ2bBuqp9 wDW7oF

COOKEVILLE, Tenn. - A father gave his 10-year-old daughter a Christmas present that would make Santa blush.

Now Daryl Hill wants to know why an MP3 video player he bought at a Wal-Mart in Sparta was preloaded with pornography and explicit songs.

Hill bought three of the players as Christmas presents for his children. He said one of the devices had apparently been returned to the store from a previous owner who loaded sex clips and songs with lyrics about using drugs.

"Within 10 minutes, my daughter was crying," Hill said Thursday. "I wish I could take the thoughts and images out of her head."

Hill questioned why Wal-Mart Stores Inc. would sell used merchandise as new, which he said violates its own policies.

A company spokesman said in an e-mail to WSMV-TV of Nashville that stores are not supposed to return opened packages to the sales floor and that the matter was under investigation.

Hill said he declined Wal-Mart's offer to replace the MP3 player. He said he has already bought his daughter a new one and is hanging onto the controversial one until he talks to a lawyer.

12-29-2007, 11:34 AM
This is really sad. You know, there are lawsuits that are nonsense, but this isn't one of those. WalMart did a terrible thing by putting this back on the floor. I just hope they don't try to sue WalMart's brains out. It's not worth it. Reach a good settlement, and forget about it.

12-29-2007, 03:35 PM
Anything that can have things loaded on it should not be returnable. Unless it does not work and the store should test it before refunding money or giving a store credit. Have signs that tell the consumer this when buying it. Solves this problem from happening.

Don't be surprised if Wal Mart's lawyers claim that the man might have put the smut on it himself in order to sue. I wouldn't be surprised if he did. If Wal Mart had the afore-mentioned policy, then they wouldn't lose a lawsuit like this.

12-29-2007, 03:44 PM
I don't think you could have a policy against returning items that can be loaded with movies etc. because many, many electronic devices have those capabilities nowadays.

But that's shady business to take a returned item and sell as new, even worse that they didn't check the content of it.

Razor Shines
12-30-2007, 11:10 PM
Lots of stores do this. Several times I've bought things from stores (including Wal Mart) and opened them and could tell that the item had been purchased and returned. Usually I go back to the store and exchange it for a different one. I'm sure it is against their respective policies, but at the store level you get managers that would rather try to sneak the merchandise into the customer's cart rather than send it back to corporate.

01-04-2008, 12:38 PM
Yep, it happens all the time. Stores just tape the box up and put it back on the shelf.

If you're unlucky, the previous purchaser broke something and returned it ..

I carefully inspect the box of just about everything I buy to try to see if it's been opened.
I've been burned way too many times, and it's just a pain to have to go back to the store and exchange it for a virgin box.

In all honesty though, I can see why the stores put it back on the shelves. I don't see why they should have to send it back to the manufacturer. Then the manufacturer has to decide whether to sell it as refurbished or just rebox it.

I just don't expect the stores to thoroughly inspect every item that has been returned.

The problem is that people abuse the return policy, but I don't want to be punished on legitimate returns because
some idiots take advantage of the stores generousity.

There's just no way Walmart can inspect everything returned to make sure it is ok.
I hate Walmart, but I have to side with them on this one.

01-04-2008, 12:45 PM
I hope they sue Wal Mart into oblivion (not that that's possible). Wal Mart is evil.

01-04-2008, 02:11 PM
I bought a model rocket for my nephew this christmas. It had a guage on the side that shows how fast it went. I got it home and was ready to wrap it when the bottom opened. When I inspected it, a cheaper rocked had been changed out for the better one. I was worried that I would have to go through all kinds of crap to get it exchanged, especially since the day I bought it the cashier rang it up twice and I had to get that corrected, so it showed two rockets with one crossed out... Anyway, back to the story, when I took it back the woman waiting in me said it happens all the time. Think of all the money we the consumers would save without people trying to take advantage of the system... Unfortunately, some of the people doing this stuff are justifying by saying the prices are too high anyway, but those prices are influenced by theivery...

Hoosier Red
01-04-2008, 05:14 PM
Unfortunately, some of the people doing this stuff are justifying by saying the prices are too high anyway, but those prices are influenced by theivery...

Anyone who buys that justification is a fool.
There's one solution to something you feel is not worth the money. DON'T BUY IT!
The price of anything is what someone is willing to pay for it.