Judge OKs EVANESCENCE Refund Deal

August 12, 2005

The Associated Press has issued the following report:

A judge has approved a deal enabling people to get refunds on the EVANESCENCE album "Anywhere but Home" if they bought it at a Wal-Mart in Maryland.

The agreement signed Wednesday in Washington County Circuit Court partially settles a lawsuit filed by a local couple who claim the copy they bought at Wal-Mart contained explicit lyrics but didn't carry a parental advisory sticker.

New York-based Sony BMG Music Entertainment and its Wind-Up Records subsidiary agreed to offer the refunds in exchange for dismissal of the claims filed against them last year by Trevin and Melanie Skeens of Brownsville. The record company didn't acknowledge any wrongdoing.

The Skeens are still suing Wal-Mart Stores Inc., of Bentonville, Ark., claiming the retailer deceived consumers by selling the album without a warning label.

The refund offer applies to albums purchased before Jan. 1 of this year. Those seeking a refund must provide proof that they bought the album at a Maryland Wal-Mart store.

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