Can GameStop, theoretically, get sued over gutted games?

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Samus

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For instance, if you buy a "new" game, and it is beat up and has a save file on it, what is stopping people from suing GameStop? Some policy or agreement that people must abide to to enter the store? I wish someone would sue their ass for their unfair business practices and get them to invest in display cases.
 
What boggles my mind is that Gamestop (or the stores near me at least) have even started gutting pre-ordered games. When I picked up SSB Brawl at the midnight launch, the guy told me I was getting the last sealed copy and pointed to 15 or so opened ones behind him. Since most of the games were paid off in full, at that point it's basically messing with someone else's property, no?

I can't imagine that there's much grounds for a legitimate lawsuit, but it's certainly a shady practice that I hope gets some media attention so they'll be persuaded to stop.
 
[quote name='Samus']For instance, if you buy a "new" game, and it is beat up and has a save file on it, what is stopping people from suing GameStop? Some policy or agreement that people must abide to to enter the store? I wish someone would sue their ass for their unfair business practices and get them to invest in display cases.[/quote]

Well, for one, the fact that you aren't obligated to buy the opened copy is their first line of defense. If I see them pull out the "remains" of the box, I stop them right there and pass. Most of the time, they will even tell me that is all they have left, but that's only in the store I visit often.

And if you went and complained about it (it being getting an obviously used gamed), I'm sure they will just take it back and refund your money, in order to brush it under the rug.
 
[quote name='garfep']What boggles my mind is that Gamestop (or the stores near me at least) have even started gutting pre-ordered games. When I picked up SSB Brawl at the midnight launch, the guy told me I was getting the last sealed copy and pointed to 15 or so opened ones behind him. Since most of the games were paid off in full, at that point it's basically messing with someone else's property, no?

I can't imagine that there's much grounds for a legitimate lawsuit, but it's certainly a shady practice that I hope gets some media attention so they'll be persuaded to stop.[/quote]

Media attention, yes, that would be nice. We need a CAG who is a reporter on CNN or Fox. :lol:
 
...I guess they are taking pointers from eBay sellers who sell "new" games, but have opened them, in order to "verify" contents. See, GS is just doing you a favor and making sure the game is in there!
 
I returned 3 games to best buy that were sealed and they opened them up. I almost fell down, I asked why did you do that? He said they do it and take a loss on all returned games. They said they have had problems in the past where there was no games in the case.
 
EB got sued over selling used games as new when they had the return policy on opened games and sold the returned games as new. The settlement was 5% off a game. A whole $2.50 off?

I have mentioned this in past threads but the worst was when I got a re-sealed game from EB with food crumbs in the manual! I refuse to accept gutted games unless it's a $2.99 or $4.99 game and since EB stopped that once they merged (they used to have $2.99 and $4.99 new games on sale for a day or two all the time), so I stopped buying anything from them
 
When I used work for Rhino's (now part of evil Gamestop INC), we used to gut a new game and use it as a display case. I never liked it because it seemed stupid to sell someone a opened game and call it new. Plus, we were like a stone's throw away from Walmart with fresh unopened games, so it didn't help. There should be fake display cases added with new shipments, so you don't have to gut a game just to display it. I think a lawsuit is kind of a waste to me. I'm not saying they shouldn't be sued but just not on this issue. Buy a new game somewhere else. Preorder elsewhere.
 
[quote name='davyd']Anyone can, theoretically, get sued over anything.[/quote]

And probably win! [/Chatterbox FM, GTA3]

This battle has been going on for years. If it's not sealed, buy it elsewhere. If you're using store credit, wait until a sealed one comes in.
 
[quote name='mickeyp']I returned 3 games to best buy that were sealed and they opened them up. I almost fell down, I asked why did you do that? He said they do it and take a loss on all returned games. They said they have had problems in the past where there was no games in the case.[/quote]


It seems ridiculous but is actually to verify the contents - there are shady people that open the game, take the disc out, and shrinkwrap it back up.
 
they SHOULD sell the open display boxes as used and takethe $5 loss as the cost of doing business ....better to sell one or two open boxes as used
than putting complete sealed games on the floor and have them stolen
 
Do-not-feed-the-troll.jpg
 
I do like everybody else who can't get a sealed copy of a game has said they do and just walk out without buying anything. It doesn't stop them from doing it, since some shmuck will buy it and think 'who cares' about getting an opened game.

That certainly won't be me though and anytime I buy used, even if I'm in a hurry I take that minute or two to check for completeness and scratches. Scratched up and incomplete= forget it too.
 
this question should be asked to consumerist.com

back in the day when The Wiz was still in business in NYC, they used to sell refurbished or returns as NEW. refurbished electronics then used the regular box like their retail counterparts. so for awhile there they got away until one of the units they sold to a customer broke (another one of the wiz's problem was returns. they are stubborn and wouldn't let you return electronics). anyway i think one of their customers found out through a customer service call from the manufacturer that the unit they bought was refurbished. they got in trouble for what they did.

so i don't see why not.. even former employees claim that once they open the games they take turns on who can borrow them.. one can also wonder why they cant find certain games as well.. sometimes i'd take a game at the register to purchase them only to find out they cant find the game(s). ive lost count on how many times that happened to me.
 
If they sold the gutted games at 5 dollars off everyone would go into the store and request to buy the display copy of a new game. If you don't want a gutted copy wait till they have an unopened copy or just order it online.
 
through a little bit of reading on consumerist, i found a link to an article on this issue. this is from last year..

from aeropause:

I waltz up the the counter, gift card in hand, "Pirates PSP, please." "New or Used?" The clerk asks, timidly. I pause for just a moment and happily reply,
"For twenty bucks? New!" I also had an unclaimed $5 pre-order credit from Lost Planet to apply, but he didn't know that yet. I stood there and watched the clerk open the cabinet and lift out a Sid Meier's Pirates designed users manual. I see him pop open an empty PSP case and slide it in.
"I said NEW." I replied angrily, having seen this before and knew what he would say,
*voice shaking* "This is new," I was furious at this point. It was cold and late and I didn't have time for his crap.
"So if I walk out the door right now with that unsealed case then walk back in here next week with it in the same condition, you'll give me full return credit as a new game? I mean, it IS new after all right!?"
*blank stare*


This has happened to me prior to yesterday and each time, I walked out without my game. Previous arguments started very similar to this one, with the rep trying to sneak the game into a bag and leave it out of sight until I walked away with it. As soon as I walk out that door, my game is now devalued 80%.


It's a pretty underhanded practice and even though I did end up buying Pirates yesterday, it was only because the game cost me $15 of a gift card. At that price, the game has more value as a coaster than as a trade-in or listing on Ebay. Nevertheless, It's pretty scummy for them to repeatedly pull this crap on unsuspecting buyers. I was waiting for it and called them on it, but I'm sick and tired of having to do it every time.


If you're wondering what happened after the blank stare I mentioned earlier, well his manager instantly took over.


*Mr. Roboto voice* "You have seven days to exchange it for an identical item." I laughed at the response because again, I had heard it before. Then, like clockwork, the manager offered to seal it in shrink wrap with his trusty heat gun, effectively discrediting the value of any sealed game in the entire store. It was meaningless for this particular sale and I couldn't stay and play, so I let it go. I know it's not their individual policy but more of a corporate decision. I thought I'd be better off venting my anger here instead.
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i know i shares no info on how you could take action, but articles like these are important enough that its not just us that experience this practice. you guys should read the comments, theres alot over 100 i think.
 
If you don't like it, don't read it, right? It's not like this is cluttering up the Deals section or something.

In the meantime, it's a pretty damned lame (dare I say indefensible?) corporate practice to open new games before selling them and they deserve all the bitching they get.

[quote name='Derrick1979']Can we please stop with these threads about EB/Gamestop ??[/quote]
 
We're connoisseurs of game purchasing, but the sad fact is that most kids, moms, and dads simply don't care about a game being opened prior to purchase and sold as new - the same reality applies to the lack of manuals and cases. They command the large customer share that EBstop services and as long as it is tolerated, we will may have to wait a bit to get a new copy if you encounter a d-bag clerk.

My personal experience with EBstop is that I've never been sold a gutted copy as new, but it could be that I live in a relative suburb; friends in the city have told me they've been switcherooed with used/gutted copies before.
 
I actually wouldn't have a problem with this...if they gave a discount (say 10% off) on all opened "new" games. Maybe that would also stop them from gutting 10 or more copies of a game and instead just gut the one copy.
 
I think some gamestops are corrupt and the reason they gut so many copies is because employees "borrow" them to play them before the release.
 
The kicker is that the GS employees always act like YOU'RE the asshole for, god forbid, expecting a new game to be factory sealed.

I don't buy peanut butter if the seal's been broken either. Just because it's been smoothed over on top doesn't mean your freaking finger hasn't been in it. Seal broken = used.
 
How long has this been exactly happening? As it happened to me for the first time all the way back in... 2003 or 2004 i believe, with a copy of Burnout for the PS2, the EB Games employee wasn't the happiest campier when i told him that a game cannot be 'New' if it's been opened...
 
The kicker is that the GS employees always act like YOU'RE the asshole for, god forbid, expecting a new game to be factory sealed.
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This I'll agree with, but it, like many other "policies" people complain about, take place on the store level and vary by employee. Most GS employees I have encountered locally are not bothered by when I turn down the opened "new" copies. Usually, it is the non-gamer employee who can't comprehend why we don't want something that has been opened.

I don't buy peanut butter if the seal's been broken either. Just because it's been smoothed over on top doesn't mean your freaking finger hasn't been in it. Seal broken = used.
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Comparing food to a game is silly. Opened food could be tainted, and it may not be readily apparent by inspection. An opened game, at worst, could be use, and that is easily apparent by quick inspection.

And again, no one makes you buy them, so don't. It's really that easy.
 
I think they can, at least in Washington I have yet to buy a gutted copy that wasn't discounted $5 off the regular store price. It's been especially nice when the gutted copy was Marvel Vs. Capcom 2, Nocturne, Disgaea etc.
 
Stop buying New games there.

Hell, don't buy any games new (or used) from them that are less than 2 years old.

You can buy the same game for the same price (or less), Factory Sealed, across the street at Target, Walmart, Best Buy, Circuit, Fry's, etc. If u walk into GameStop today, you will pay $35 for a gutted copy Professor Layton. Why not go across the street and buy it factory sealed for $29.99?

Gamestop is good for buying older games enmasse -- u can see them, touch them, examine their condition (not the disc) and find things you missed, but buying new with them is just plain foolish.
 
[quote name='Josef']I actually wouldn't have a problem with this...if they gave a discount (say 10% off) on all opened "new" games. Maybe that would also stop them from gutting 10 or more copies of a game and instead just gut the one copy.[/QUOTE]

They do... though it's not advertised. If they give you a gut copy, you can ask for the "10% discount for gutted games" and they'll give it to you. But you have to ask for it, they won't automatically give it to you. This'll also show the guy that you know what you're talking about in most cases...

[quote name='DrunkMasterChief']you know what would be retarded if they play the game and seal it back up and you buy it for new then i would go crazy like wtf[/QUOTE]

If they re-seal it, you'll know. No console games are heat-shrunk wrapped except for oversized items (though the actual game itself will still be factory wrapped). Sadly, this isn't true for portable games so they could very well be doing that with GBA/DS games (not sure about PSP games honestly).
 
[quote name='Vinny']They do... though it's not advertised. If they give you a gut copy, you can ask for the "10% discount for gutted games" and they'll give it to you. But you have to ask for it, they won't automatically give it to you. This'll also show the guy that you know what you're talking about in most cases...



If they re-seal it, you'll know. No console games are heat-shrunk wrapped except for oversized items (though the actual game itself will still be factory wrapped). Sadly, this isn't true for portable games so they could very well be doing that with GBA/DS games (not sure about PSP games honestly).[/quote]


PSP games have the same seal style as the PS2 games had so no you would tell if it was re-sealed.

And to toss an reply to the OP question I would say no because it is up to you to buy it or not no one is forcing it on you.
 
[quote name='tsmvengy']It seems ridiculous but is actually to verify the contents - there are shady people that open the game, take the disc out, and shrinkwrap it back up.[/QUOTE]

Or people can slice the wrap open on the side, open the case slightly, and pop the game out that way. I bought a game from CC like that once. Fortunately it was a Getaway game that cost me 3.96 (marked 59.99) and when I got home there was no disc inside. They let me exchange it without a problem but I found it hilarious someone stole it. Go steal a cubic zirconia while you're at it lol.
 
You can file a lawsuit for anything but it doesn't mean you'll win.

The most you can accomplish by suing GS/EB is forcing them to sell open games as used (not likely because the burden on the company is too great...think utility). Furthermore, you as the purchaser of goods have the option of refusing to accept the offer (you are aware of the games condition at the time of purchase). Thus, you cannot complain afterwards if you have agreed to the terms of the "contract".
 
[quote name='garfep']What boggles my mind is that Gamestop (or the stores near me at least) have even started gutting pre-ordered games. When I picked up SSB Brawl at the midnight launch, the guy told me I was getting the last sealed copy and pointed to 15 or so opened ones behind him. Since most of the games were paid off in full, at that point it's basically messing with someone else's property, no?

I can't imagine that there's much grounds for a legitimate lawsuit, but it's certainly a shady practice that I hope gets some media attention so they'll be persuaded to stop.[/QUOTE]

They did this shit to me before, when I preordered a game they only got two of in, and had two preorders... the guy who got the game before me got the sealed one, but they gutted mine?

They couldn't wait the two days to see if I didn't pick it up and THEN gut it?

That was one of the last times I shopped there, because that made no sense at all.
 
[quote name='YoshiFan1']I have mentioned this in past threads but the worst was when I got a re-sealed game from EB with food crumbs in the manual! I refuse to accept gutted games unless it's a $2.99 or $4.99 game and since EB stopped that once they merged (they used to have $2.99 and $4.99 new games on sale for a day or two all the time), so I stopped buying anything from them[/QUOTE]

If I had ever gotten a resealed game with food crumbs in the manual, I probably would have recognized who took the game home since there were plenty of fat managers at the EB Games stores I used to go to back in the day.

Sadly, I believe that Gamestop has slowly improved. I remember going into an EB store on Black Friday one year after the manager hired this really hot Dominican girl to work the counter. I asked her if there was a manual to go with a used copy of Ultimate Wrestling for the GameCube, and she looked at me like I was speaking French. She spoke English and understood me, but she obviously didn't play games. And don't get me started on the EB manager that was later found to be a sex offender.

But I miss the glory days of the $2.99 games...
 
I had to settle for an opened copy of God of War 2. It was the last one they had and I wanted to make sure I got a non-GH copy, so I sucked it up. The case, manual, and game are in perfect condition, but still, you buy a new game you want it to be truly new.
 
I just don't buy from them period. They did that crap to me once years ago and that was it for me. I'll will consider ordering from the new website since Cheapy will benefit from it, but it has to be a really good deal.
 
Figured I would add my two cents. IDK about sueing but I have personally seen a Gamestop Employee come in a couple of hours before his shift, give the manager a copy of one game(I can't remeber exactly what it was but it was a newer game) then sign a log book and take a NEW copy of :360:COD4 (it was stacked with the rest of the NEW games) and leave.

I don't go to GS/EB for new games(save MGS4 pre-order because of the bonuses/LE) I have bought used games but i usually use coupons to get the better deals.

If they GUT my copy of LE MGS4 I will probably lose it.
 
[quote name='Vinny']They do... though it's not advertised. If they give you a gut copy, you can ask for the "10% discount for gutted games" and they'll give it to you. But you have to ask for it, they won't automatically give it to you. This'll also show the guy that you know what you're talking about in most cases...

[/QUOTE]

If this is true, then most of their employees don't know about it either. The only discount I have encountered is they'll give 10% off if the box and instructions of the "new" game are missing. Yes, they still consider the game "new" even if it has no box and instructions. Utterly ridiculous!
 
[quote name='Josef']If this is true, then most of their employees don't know about it either. The only discount I have encountered is they'll give 10% off if the box and instructions of the "new" game are missing. Yes, they still consider the game "new" even if it has no box and instructions. Utterly ridiculous![/quote]

The 10% off for shop worn is not for gutted new games. Maybe like new games that have the original box missing. But not for gutted new games.

And for all your bitching and threating to sue GS over the gutted games. You have to remember a couple of things.

That is their business model. There is no law against it. And more importantly you DONT have to buy it.. You are never forced into it like you all make it out to be.
 
[quote name='THoward7382']The 10% off for shop worn is not for gutted new games. Maybe like new games that have the original box missing. But not for gutted new games.

And for all your bitching and threating to sue GS over the gutted games. You have to remember a couple of things.

That is their business model. There is no law against it. And more importantly you DONT have to buy it.. You are never forced into it like you all make it out to be.[/quote]

If other stores can ONLY take in good quality games and peripherals in trade, then what is stopping them. Yes, we're not FORCED into dealing with them, but for some that is the ONLY option they have LOCALLY.

I'm lucky to live in an area with 2 FYE's who still sell games and 2-3 or more local mom and pop shops, where most of their stuff is good or better quality, so I have MANY more options than Gamestop.

However, on occasion I may receive a gift card from someone from there or take advantage of one of their trade deals, so I may end up having to deal with them(rather than LOSE money selling the gift cards/credit for LESS than is on them).

But that is the EXCEPTION to the rule and I avoid them as much as I can.

I've asked the 'why gut new copies of games' question to numerous managers and would ask the local DM(if he didn't dislike me for the confrontation we had the one time over guides), but I know I'd get the 'it's the companies policy' thing.

So, I look at it as WHY BOTHER? Whenever I DO have to deal with them though, I always check the condition of the games and their completeness before buying, so I have no one to blame but myself if something is scratched to shit or incomplete.
 
[quote name='THoward7382']The 10% off for shop worn is not for gutted new games. Maybe like new games that have the original box missing. But not for gutted new games.
[/QUOTE]

Oh, I thought it was for all gutted new games. But now that I think about it, every gutted game I've gotten has visible wear on it.
 
This type of thing actually happened to me once. It was right after I got my 360, and I wanted Halo2. The GS I was at had a new LE copy, so I decided to grab it. I saw the guy grab the game the same way he did my Oblivion game(which was used) but didn't think anything of it nor did I care. Less then 1/4 of the way through the campaign the game refused to work. I took it back and told them what happened and they gave me a brand new sealed LE Halo 2. It was sweet. Ended up trading the bonus DVD and case in for the trade in value($26) and the disc to a friend for a complete Lost Planet.
 
if you make a small fuss and ask there is a specific code for gamestop employees to give you 10% off for opened/show worn merchandise. all you have to do is ask and dont be a dick
 
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