On Sat, 30 Jan 2010 06:59:59 -0800 (PST), radioguy
wrote:



I'm not a lawyer. If anyone who is contradicts anything I write,
go with their opinion over mine.


I bought the radio from Radio Shack a few years ago.

I just found out that less than a year ago, in 2009, according to the
FCC, the motorola t6250 ( radio ( and other similar raduios ) is and
always has been an illegal radio completely illegal to use at all

Illegal to use, but is it legal to own?

because it can do speech inversion,(which is coded messages according
to the FCC), even though it has been type accepted by the FCC and
approved by the FCC as completely legal to use in the U.S.

The FCC even said such radios are and always have been illegal even
though the FCC type accepted it as legal and approved it as legal.

and that it's iullegal to use at all even in non-scramnled mode
without speech inversion enabled since it is an illegal radio.

So since the radio is and always has been completely illegal to use
even in non-scrambled mode since it is capable of scrambling,

the radio is NOT fit for the purpose which it was sold for and sold as
.
But Radio Shack won't give me a refdund for the illegal radios they
sold.

But the radio itself may not be illegal to sell or own. Using it
may be illegal.
What does the law say about selling and owning it?


I had no idea at the time I bought the radio that it was illegal since
it was FCC-type accepted as legal.

Odds are the PTB at Radio Shack didn't either, though I know no
way to check this.


But all the lawyers and judges say "ignorance of the law is no
excuse".

Nit picking: I think the phrase is, "Ignorace of the law is no
defense."


How do I get my money back for Radio Shack illegally and fraudently
selling me illegal radios under the false, phony, and fraudelent
pretense that they were completely legal since they were fcc type
accepted and fcc-approved as legal?


You can file suit, if you want. Realistically, I don't see you
winning.
You would need to prove Radio Shack sold it to you knowing it was
illegal. By your own claim, the FCC listed it as legal, so it's very
likely the people at Radio Shack who make decisions regarding what to
sell and what not to sell also thought it was legal.
You will need to be able to prove they knew the reason you were
buying it. Common sense indicates you bought it for use, but common
sense and the law aren't always in agreement.
Richard offered a POSSIBLE idea. If it is legal to buy and sell,
tyr selling it on ebay. It's unlikely you'll get what you paid for
it, but you can get some money.

--
"Kent"