A judge refused Friday to dismiss a complaint that Wal-Mart Stores Inc. deceived customers by selling recordings by the rock group Evanescence that contained explicit language without parental advisory labels.
The ruling by Washington County Circuit Judge W. Kennedy Boone means a lawsuit over the group's 2004 CD and DVD, "Anywhere But Home," can proceed.
But Boone also dealt a blow to the plaintiffs by refusing to certify their complaint as a class action. Certification would have made anyone who bought the album in Maryland potentially eligible for compensation. The judge's order allows the plaintiffs to renew the motion.
Attorney Jon D. Pels, representing plaintiffs Trevin and Melanie Skeens, said they would continue to seek a court order forcing Wal-Mart to label recordings that it knows contain explicit language, and to change its policy so that customers offended by such language on unlabeled recordings may obtain refunds.