THL

I dont even know what to say about this and how enraged I would be had I been the one to have bought this for my daughter.

Story Linked Here

News Video Linked Here where the father tells of other violent graphic images (such as people falling off cliffs to their death) which were also loaded in the MP3 player.

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Desdemona

He said he has already bought his daughter a new one and is hanging onto the controversial one until he talks to a lawyer.

And there you have the American Way-- get a lawyer, sue and drag the case thru the legal system. Make sure everyday that goes by in this 10 year olds life is reminded of the incident. I'd be ticked off but I doubt I would take legal action.

Wal Mart was probably negligent and the employee who put it back on the shelf for resale was most likely a seasonal, part time employee with no clue.

Free MP3 players for life, free downloads, stock options, college tutition... What would be proper restitution?

wabpilot

I think there are two issues here that require the services of a lawyer. First is the criminal. Is Walmart involved in the distribution of pornography to minors? That needs to be dealt with. And, lawyers are the people in society that we turn to for dealing with criminal matters.

Second is the civil issue of selling used merchandise as new. Different states have different laws on this, and lawyers are qualified by training to tell people what the law is. Seems reasonable to consult a lawyer. Perhaps you would consult a plumber?

omon

i,ve heard stories, ppl bought i pods, and there were rocks in the box, and it wasn,t once.
at least he got the player.

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braindead

My previous workplace dealed with electronics and we had one time a JVC camcorder that ( in original package ) had camcorder replaced with a rock and Coke bottle half-filled with water . The weight differed from orig. weight 20 grams !
Also one Sony TV set had a pornographic magazine stuffed inside the box , under styrofoam .

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omon

no case here, it wasn,t done by wamart, and walmart had no knowlege of content.

gunnut

It is against the law to sell something used or returned as new. The returned or used merchandise has to be clearly marked as such. This part is a criminal case. Walmart violated a law.

The parent should sue. I don't think he should get something outrageous like $ millions as restitution. But something reasonable like a public apology and a present for the girl.

These lawsuits keep big businesses honest because they don't want the negative publicity and the hassle.

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THL

But Omon, in response to
Wal-Mart was the one selling it...they had the responsibility to know that it was blank. Just like car dealers are not suppose to knowingly sell a car and say it has never been in an accident if they know it has been, Wal Mart cannot knowingly sell an item if they know it has been returned and since someone at Wal-Mart took the return back in, then someone knew it was returned. Wal Mart is responsible for their employees actions while they are working, so Wal Mart IS responsible for this. It is not as though this came from the manufacturer like this.

To add onto what gunnut said
many stores charge a restocking fee for opened merchandise, even if it has never been used and is still in the original packaging (especially electronic stores) and this is why. They have to sell that as "open-box" merchandise, so the store loses money.

What Wal-Mart did was, most likely, against the law. Since I am not familiar with the laws in that area, I cannot say for 100% certain, but I would be willing to bet that they have the same law.

As for it being a temporary or seasonal employee that put the MP3 player back on the shelf...that should not matter. They should have had better training. How hard is it to tell the person at the customer service desk not to put returned merchandise back on the shelf as new?

As for proper restitution, Desdemona
Tell me, what would be proper restitution for someone showing YOUR 10yo daughter porn? Are you saying that if someone were to come in your house and start playing a Debbie Does Somewhere movie...you'd be okay with that? Cuz I dont know that I can tell ya' what I'd do to the person if it were MY daughter.

Feanor

All I can say is........ whooops!!!

Gun Grape

Well its not something that is going to scar her for life. And its probably something that she will have forgotten in a few months. If the parents don't make a big deal out of it. Now with them having her relive this incident for news reports, lawyer depositions and possibly a trial. It probably will have a big impact on her in the future. (Way to go Dad)

She wasn't force fed hours of porn. She had the thing for maybe 10 mins of flipping through songs and pics.

I would like to know what the songs with lyrics about using drugs were. According to a study by the American Public Health Association back in Nov
So that could be just about any.

I don't know who the APHA is or what their agenda or methodology was for this study.


So give the family twice the cost of the I-Pod as a wally-world gift card or music downloads for her new I-pod.

(edit)
Just found this story. How about this as a gift?


MyFox Atlanta | An Arizona Woman Accidently Receives Someone's Urn

omon

i agree walmart is responsible, neglegence, selling returned item as new....ect.
but it isn,t like they loaded porn on purpose, or knowingly sold porn,

HistoricalDavid

I think I was about seven or eight when I first saw porn - specifically, a not-so-secret stash of my brother's under the bed mattress - and I reckon I turned out alri-

Oh, hang on, I see your point. Burn the scumbags!

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Capt Bluesman

Is it bad if this made me giggle just a tiny bit? And I do agree, a few minutes of accidental porn viewing, properly put into context by a parent, and, as Gun Grape said, NOT blown out of proportion, are unlikely to seriously harm a child.

Unfortunately, it seems Dad is following that grand old American tradition of shrieking victimhood in the hopes of a big pay day.

THL

I dont know how old I was the first time I caught a glimpse. I only remember that my uncle (who was suppose to be watching me at the time) sent me downstairs to play and I snuck back up to see why I had to go to the basement. I watched only long enough to find out that the woman was in the hospital and someone had brought her a fruit basket. I do remember wondering why she would do that with a banana.

(I swear to Buddha!! True hospital bed and banana story!!)

HistoricalDavid

Your uncle wasn't gambling on the 'youngster's curiosity' factor.

Depends what type of porn. Reminds me of a South Park episode which went something like this:

Randy: When a man and a woman love each other very much...
Token: Is it love when a woman has 4 [...guess] in her and some guy is doing a number 2 on her face...