The Right Coast
January 01, 2006
By Tom Smith
Can you believe this? What an arrogant bunch of gits.
I wonder if they haven't created a big opportunity out there for some industrious plaintiff's lawyer. Apparently, the boilerplate that explains the CD will not play in your car stereo, PC, DVD player, nor be convertible into MP3, is inside the package. So you don't get to read it before you buy. But, when you buy a CD, isn't there an implicit warranty that it will play, at least in your car stereo, for heaven's sake? Maybe it is a warranty of fitness for a particular purpose under the UCC? And perhaps also merchantability? I don't think it would be that hard to argue that a CD that won't play in your car CD player is not merchantable, since the trade pretty much assumes, doesn't it, that a CD will play in the car stereo. Plus there is language to the effect that the CD cannot be returned except for manufacturer's defects. This strikes me as a pretty nice UCC case, actually, and with millions of CDs out there, some sort of class action waiting to happen.