[quote name='sadikyo']I still don't understand how they are allowed to get away with this, from a legal standpoint. It would seem like you can't sell something as "New" when it is used. It is like selling a brand new phone that has made phone calls, or a new camera that has pictures on it - it is false advertising. I'm sure corporate would just say that their policy is not to use the games, but whatever...any way you cut it, that's just a downright shady practice if you ask me.[/QUOTE]
No, the corporate policy is fine with checking out games, there's a whole protocol on checking out games that the stores are supposed to follow. Ideally, if someone who borrows it does any noticeable damage, they no longer sell it as new, or warn a customer before purchasing. That's the ideal, which is a term that is generally antonymous with GameStop.
As for how they sell it as "new", as I said, as long as it looks new enough and hasn't been previously sold, they can sell it as new underneath the corporate standard for that classification. That's how it was when I worked there, though I hear individual stores have taken to repackaging really pristine used games as new. That is likely more up to the GM at that store. It is shady, but I'm sure they've got their butts covered by putting it in fine print somewhere or something. Let the buyer beware indeed.