The Associated Press is reporting that a Maryland couple has filed a lawsuit against Wal-Mart Stores, which promotes itself as a seller of profanity-free music, accusing it of deceiving customers by stocking compact discs by the rock group EVANESCENCE that contain an obscenity.

The group's latest CD and DVD, "Anywhere But Home", does not carry parental advisory labels alerting potential buyers to the obscenity. If they did, Wal-Mart would not carry them, according to the retailer's policy.

But the lawsuit claimed Wal-Mart knew about the explicit lyrics in the song, "Thoughtless", because it censored the word in a sample available on its Web site and in its stores.

The complaint, which was filed last week in Washington County Circuit Court, seeks an order requiring Wal-Mart to either censor or remove the music from its stores in Maryland. It also seeks damages of up to $74,500 for each of the thousands of people who bought the album at Wal-Mart stores in Maryland.

"I don't want any other families to get this, expecting it to be clean. It needs to be removed from the shelves to prevent other children from hearing it," a plaintiff, Trevin Skeens, of Brownsville, said.

Mr. Skeens said he and his wife, Melanie, let their daughter buy the music for her 13th birthday and were shocked when they played it in their car while driving home.

Wal-Mart, of Bentonville, Ark., has no immediate plans to pull the CDs from its shelves, spokesman Guy Whitcomb told The Herald-Mail in Hagerstown. He said the company would investigate the accusations.

Mr. Whitcomb said that the song sample online was censored by Walmart.com, a separate division of Wal-Mart.


Posted in: News


To comment on a BLABBERMOUTH.NET story or review, you must be logged in to an active personal account on Facebook. Once you're logged in, you will be able to comment. User comments or postings do not reflect the viewpoint of BLABBERMOUTH.NET and BLABBERMOUTH.NET does not endorse, or guarantee the accuracy of, any user comment. To report spam or any abusive, obscene, defamatory, racist, homophobic or threatening comments, or anything that may violate any applicable laws, use the "Report to Facebook" and "Mark as spam" links that appear next to the comments themselves. To do so, click the downward arrow on the top-right corner of the Facebook comment (the arrow is invisible until you roll over it) and select the appropriate action. You can also send an e-mail to blabbermouthinbox(@)gmail.com with pertinent details. BLABBERMOUTH.NET reserves the right to "hide" comments that may be considered offensive, illegal or inappropriate and to "ban" users that violate the site's Terms Of Service. Hidden comments will still appear to the user and to the user's Facebook friends. If a new comment is published from a "banned" user or contains a blacklisted word, this comment will automatically have limited visibility (the "banned" user's comments will only be visible to the user and the user's Facebook friends).