Gamestop is being sued for Deceptive Used Game Sales

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http://ps3.ign.com/articles/107/1079852p1.html

GameStop Sued Over Deceptive Used Game Sales


Free advertised downloadable content an issue for used market.


by Jim Reilly

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March 25, 2010 - A lawsuit filed earlier this week against retailer GameStop says the company is "deceptively misleading" its customers into believing a used game purchased from the store comes with all packaged downloadable content advertised on the box. This content, however, is only made available for free to those who purchase the game new, as the code to access the content can be only used one time.

This problem arose in January when plaintiff James Collins purchased a used copy of Dragon Age: Origins from a GameStop store in Hayward, California. Collins paid $54.99 plus tax for the game, $5 less than a brand new copy.

Collins states he purchased the game in part because of the box cover, which advertised that additional character and quest content could be downloaded for free upon purchasing the game. Collins discovered weeks later, however, he would have to pay an additional $15 to access the content, ultimately paying $10 more to purchase a used game with less content.

When Collins tried to return the game for a refund, the GameStop manager at the store said he could not because the seven-day return window had passed.

"GameStop, who makes more than 20% of its revenue and nearly $2 billion from the sale of used video games, is aware of this issue, and continues to fail to alert customers that this content is not available on used games," the suit states. "As a result, GameStop tricks consumers into paying more for a used game than they would if they purchased the same game from content new."

Collins is seeking restitution, punitive damages for fraud, and interest from the sale of used games that were wrongfully obtained.

IGN has contacted GameStop for comment. The lawsuit in PDF form can be viewed here.
 
I support this lawsuit. Hopefully gamestop will drop the used game prices, especially on the EA games that give the extra content in new games. i'd be upset if I bought Dragon Age or Battlefield used, and found out I didn't get that extra content included with it.
 
SERVES gamestop right . I support this lawsuit all the way . I know there are going to be MANY people disagreeing but fuck em' . AMERICA fuck yeah
 
I support this man in his quest to bring down GameStop, I wish I could get some money out of his lawsuit :( But he should have known that the DLC would have been most likely used already.
 
[quote name='Brownjohn']I support this lawsuit. Hopefully gamestop will drop the used game prices, especially on the EA games that give the extra content in new games. i'd be upset if I bought Dragon Age or Battlefield used, and found out I didn't get that extra content included with it.[/QUOTE]

Nah, even if successful, Gamestop won't be dropping the price of used games. Instead, there'll just be an extra sticker on every used game saying "game may or may not include voucher as listed on box"
 
[quote name='Brownjohn']I support this lawsuit. Hopefully gamestop will drop the used game prices, especially on the EA games that give the extra content in new games. i'd be upset if I bought Dragon Age or Battlefield used, and found out I didn't get that extra content included with it.[/QUOTE]


I just looked at the back of the box that I have for Dragon Age. I do not think the guy has a case but Gamestop should put stickers on used games that have DLC.


This is from the back of the box for Dragon Age.

"Includes downloadable character and quest. A $15 Value. One-time use code available with full retail purchase. Expires April 30, 2010.


The plaintiff didn't buy a retail copy. I still cant believe that people go to gamestop and pay $55 plus Tax for a used game to save a couple of bucks. I can understand if they have the Edge Card, there is a special promotion and or they have gamestop credit. The plantiff could have bought the game used for 40-45 off of Ebay/Amazon.
 
Gamestop isn't being actively deceptive here, but I imagine this is going to be something that comes up more and more as developers are seeing this as a good way of getting some money out of the used game market.

I'm guessing this lawsuit will result in a settlement and Gamestop coming up with stickers that either say the content isn't included or ones that just cover up the areas on the box that talk about it.
 
This guy is an idiot, he'd have more success if he bought a gutted copy that had the dlc card in the case on the shelf for anyone to steal. But as it stands, his case isn't going to make it very far.
 
[quote name='CaptainJoel']This is a stupid lawsuit. The guy that bought DA:O should've known what he was getting into.[/QUOTE]
Doesn't matter, he could have been fully aware and still have a case. McDonald's already learned that lesson over hot coffee.
 
[quote name='Jodou']Doesn't matter, he could have been fully aware and still have a case. McDonald's already learned that lesson over hot coffee.[/QUOTE]


Back of the box clearly states DLC with retail copy.

They lose the case on Dragon Age, just wait for Mass Effect 2. Mass Effect 2 states it includes a single use code but doesn't mention retail only.
 
[quote name='Jodou']Doesn't matter, he could have been fully aware and still have a case. McDonald's already learned that lesson over hot coffee.[/QUOTE]
Oh, I know he's got a case and I know he'll probably get something out of it. Still doesn't change the fact that it's completely stupid. Dude's a dumbass just like the people that sued McDonalds for getting fat while eating their food.
 
[quote name='Jodou'] McDonald's already learned that lesson over hot coffee.[/QUOTE]

WTF, when did McDonald's put a sex mini-game in a Happy Meal???
 
[quote name='Jodou']Doesn't matter, he could have been fully aware and still have a case. McDonald's already learned that lesson over hot coffee.[/QUOTE]

I thought that was Rockstar that learned the lesson about hot coffee? ;)
 
This is a tricky situation.

If GS doesn't mention the fact that the used game may or may not have a valid code, they aren't being actively deceptive, but they certainly aren't helping the customer either.

Also, regarding the mention on the back of the box about 'FULL RETAIL PURCHASE', thats not very clear. The guy went to a retail GS location and purchased the 'full' game. What they mean here by 'Retail' is 'NEW' so why not just say 'NEW'? Or say 'SEALED'.

I can't wait to hear about someone who buys one of GS's opened, 'NEWSED' games, take it home, and the DLC code has already been used. I can't believe this hasn't happened yet.

While I can understand this guys pain, and I hate Gamestop, I don't think he has a case here.

Now if a GS employee has lied and told him he could download all that stuff for free after buying a used copy of the game, he would have a case. That may or may not have happened, we'll never know.

And as for People buying used to only save $5, this guy was an uninformed consumer, he probably just asked for the game and was tempted into the used copy by a GS employee. They do this all the time.

If all you hear is 'You can save $5' why wouldn't you go for it? Most people don't realize that by buying used, your cutting the publisher and developer out of the equationand giving all your money to GS.


This seems to be case of an uninformed consumer getting shafted by GS, something that happens thousands of times a day, but isn't really illegal.
 
I will help fight Gamestop anyway I can, by the way Gamestop makes 80% from used games not 20%. If they lose there used games status then they would be like any other retailer selling games.
 
The guy should have known, sure, but this trend of including DLC codes in the box in order to get the full game is bullshit and so I hope this lawsuit succeeds not in bringing Gamestop down, but in bringing down this practice of disc-based games that aren't actually complete.
 
I don't have a problem with the lawsuit, I think GS should make it clear that it doesn't include that stuff. That's all that will come of it though - they'll put a sticker on the case or something. GS won't be dying anytime soon, gamers have no willpower and kids/parents have no idea what's going on.
 
[quote name='phantasyx']I will help fight Gamestop anyway I can, by the way Gamestop makes 80% from used games not 20%. If they lose there used games status then they would be like any other retailer selling games.[/QUOTE]


On some games not all. I hate gamestop just as much as anybody but they are in business to make money. A majority of those games that they "buy back" sit on the shelf. Inventory sitting on the shelf cost money. It requires lights, employees, rent for the building, etc etc etc. The longer it sits, the more money the company loses. Go into a gamestop and you will sometimes see 2 dozen plus for any used game. Double that if it is used sports game.
 
[quote name='crunchewy']The guy should have known, sure, but this trend of including DLC codes in the box in order to get the full game is bullshit and so I hope this lawsuit succeeds not in bringing Gamestop down, but in bringing down this practice of disc-based games that aren't actually complete.[/QUOTE]


I understand where you are coming from but I have zero problems with companies offering free dlc to people who buy games new and charging for it with used copies. Developers have bills, staff to pay, etc. They aren't reaping the rewards for their work when Gamestop among others is making money off of used sales.
 
[quote name='SpazX']I don't have a problem with the lawsuit, I think GS should make it clear that it doesn't include that stuff. That's all that will come of it though - they'll put a sticker on the case or something.[/QUOTE]

We all know how much Gamestop loves putting fucking stickers over everything. ;)

They should just buy the company that makes the stickers, they could save BILLIONS!
 
[quote name='Puffa469']We all know how much Gamestop loves putting fucking stickers over everything. ;)

They should just buy the company that makes the stickers, they could save BILLIONS![/QUOTE]

Unless it turns out that those stickers are toxic and they open themselves up to all sorts of liability and bad PR ;)
 
There's no case. Correction: no good case. But frivolous, stupid lawsuits might be making a comeback.

The plaintiff can argue that Gamestop is a retailer, and didn't warn him. Unless he could prove that a Gamestop employee or Gamestop sign said it would work.

How many thousands of titles are out for the current and previous generation systems that include some type of online. Next lawsuit will be from some nitwit buying Phantasy Star Online 1&2 for Gamecube who can't believe he wasn't told the servers were shut down.

The guy bought a used game and it's common sense to think that maybe it had been used already. Especially since the label on the box about the free DLC was from the manufacturer and not the retailer. But common sense goes out the window with law.

Whomever the manager was, should have just allowed the return for customer service sake. Unless the guy was being a huge jackhole. Then the manager was upholding company policy written on the receipt.

All that will likely come from this is even more stickers on the used games, which means more crappy cases that I wouldn't want to buy. And believe me, I dislike Gamestop plenty....I worked there. But as much as I was hoping it would be a decent lawsuit, it won't.
 
This is epic dissapointment.

He should have sued for getting charged for a gutted game and being charged as new. Someone really needs to step their game up for that.

Sadly most Gamestop users are cheap, poor, bastards like ourselves!
 
Well, Gamestop did put stickers on their used Gears of War 2, at least when I first saw used copies, that stated the map codes would not be included with the game.
 
[quote name='wildcpac']On some games not all. I hate gamestop just as much as anybody but they are in business to make money. A majority of those games that they "buy back" sit on the shelf. Inventory sitting on the shelf cost money. It requires lights, employees, rent for the building, etc etc etc. The longer it sits, the more money the company loses. Go into a gamestop and you will sometimes see 2 dozen plus for any used game. Double that if it is used sports game.[/QUOTE]
Not on single games, as a business whole, you don't have to tell me I worked there. Find me a retailer that makes serious profit from New games. You won't find one, Games if anything are used to bring in Foot traffic (for amazon's sake webtraffic). The real money comes when they rip people off from trade ins then sell it for pure profit. Any former employee will know most of everything sells during christmas, they ship out whatever isn't selling in there area to other stores that need them.
 
Collins is seeking restitution, punitive damages for fraud, and interest from the sale of used games that were wrongfully obtained.
Click to expand...
LMFAO what does he want like 100% of 14.99 for interest? WTF Gamestop surely will cash him out. This is starting to look stupid, He needs a class action lawsuit?
 
I love how he is trumping up a lot of pain and suffering into the lawsuit. He should get his money back and that's it. I hate what the 1980s did to America, land of the free and home of the "holy crap I should sue!"
 
[quote name='phantasyx']LMFAO what does he want like 100% of 14.99 for interest? WTF Gamestop surely will cash him out. This is starting to look stupid, He needs a class action lawsuit?[/QUOTE]


well, he'll try for a trillion dollars in punitive damages.
 
You think EA was smart enough to have engineered this all along. I mean, the only thing Gamestop can do is either change all the box covers or explain to each customer that they aren't getting all the content with their used copy, at which point, any smart consumer would pony up the extra $5 and get it new, thus reducing GS profit. Genius!
 
[quote name='carbontiger']You think EA was smart enough to have engineered this all along. I mean, the only thing Gamestop can do is either change all the box covers or explain to each customer that they aren't getting all the content with their used copy, at which point, any smart consumer would pony up the extra $5 and get it new, thus reducing GS profit. Genius![/QUOTE]

Nah, what we will get is every price sticker they put on the games will have a "May not contain DLC."

It's that simple and they will most likely do it.
 
[quote name='DarkRider23']I'm with Gamestop here...[/QUOTE]

Yeah you would be. Better get BACK behind the counter and annoy/hassle people with pre-ordering and edge cards.
 
I support this lawsuit. This is one of the many reasons why I will not shop there anymore and havent for over a year. Infact by not shopping there and not shopping at bestbuy I have actually saved a nice amount of money from other places with their deals or amazons almost consistantly lower prices and free shipping. Not to mention I dont have to deal with shitty customer service.


But I digress.....

I went in with a gift card once for 20 bucks and wanted pursuit force for the psp. So I tell the guy I want it and he goes and gets the display box off the shelf, gets a disc out of the drawer, puts the game in the case and puts a clear sticker over the opening and I ask why and he says "Thats to show this is new".

So I grab the game out of his hand and am looking at this box. It has price tags over price tags over price tags from where its been marked down, its dusty, it has a sticker on the back of it, the case is dinged up from being picked up and thrown back on the shelf so long and to make it worse the front cover is bleached out from sitting in the sun in the stores window for a year. Ive seen shit in better shape in a goodwill.

So I ask for the manager and show him the box and ask "Does this look new to you?" and he says "well, its never been played its just the stores display so it is new". Thats a crock of shit honestly and a insult to me as a customer to expect me to think a open item is a brand new item. In some cases it can be nit picky but still, open is not new and its the principal of the idea more so than actually being open.

Anyother store on the planet would have sold it at a discount as a open box item or a display item. But given this ones shitty condition I wouldnt have even taken it for a dollar.

If anyone went to a car lot and saw a car that had been outside for years on end, was dirty, the body all dented up and scratched, bird shit caked allover it and the paint peeling they wouldnt pay full retail price for it just because it had never been driven.

I know that all was way off target but still, the point is, if your not going to sell something as new then dont fucking say its new and sell it as such. If they would just not fuck customers around then shit like this wouldnt come up.
 
This is a fucking stupid lawsuit.

[quote name='Monsta Mack']He should have sued for getting charged for a gutted game and being charged as new. Someone really needs to step their game up for that.[/QUOTE]

He bought a used game and paid a price he was willing to pay for it. That is not Gamestop's fault, it's his.
 
[quote name='gargus']I support this lawsuit. This is one of the many reasons why I will not shop there anymore and havent for over a year. Infact by not shopping there and not shopping at bestbuy I have actually saved a nice amount of money from other places with their deals or amazons almost consistantly lower prices and free shipping. Not to mention I dont have to deal with shitty customer service.


But I digress.....

I went in with a gift card once for 20 bucks and wanted pursuit force for the psp. So I tell the guy I want it and he goes and gets the display box off the shelf, gets a disc out of the drawer, puts the game in the case and puts a clear sticker over the opening and I ask why and he says "Thats to show this is new".

So I grab the game out of his hand and am looking at this box. It has price tags over price tags over price tags from where its been marked down, its dusty, it has a sticker on the back of it, the case is dinged up from being picked up and thrown back on the shelf so long and to make it worse the front cover is bleached out from sitting in the sun in the stores window for a year. Ive seen shit in better shape in a goodwill.

So I ask for the manager and show him the box and ask "Does this look new to you?" and he says "well, its never been played its just the stores display so it is new". Thats a crock of shit honestly and a insult to me as a customer to expect me to think a open item is a brand new item. In some cases it can be nit picky but still, open is not new and its the principal of the idea more so than actually being open.

Anyother store on the planet would have sold it at a discount as a open box item or a display item. But given this ones shitty condition I wouldnt have even taken it for a dollar.

If anyone went to a car lot and saw a car that had been outside for years on end, was dirty, the body all dented up and scratched, bird shit caked allover it and the paint peeling they wouldnt pay full retail price for it just because it had never been driven.

I know that all was way off target but still, the point is, if your not going to sell something as new then dont fucking say its new and sell it as such. If they would just not fuck customers around then shit like this wouldnt come up.[/QUOTE]

Your post is full of hate-mongering fail. We all know the used is new crap. Why not read why he is ACTUALLY suing, instead of pulling your club and beating a dead horse.
 
Half of the people.. actually, probably two thirds of the people are seeing "gamestop" and "being sued" in the same sentence and going HAHA YAH DOWN WITH GAMESTOP AMERICA fuck YEAH HUR HURRR without actually reading why they're being sued.

They're being sued because this guy's an idiot. This case will get thrown out. And good job on making yourself look like a giant tool, gargus.
 
Gamestop is a RIPOFF! they take all of these games in and don't give shit for them.. games barely a month old.. they give you half of what it's worth or less.. then turn around and sell it for double or more of what they got it from you for. All because kids can't go on ebay and sell their games and get what they're worth.. they fleece kids for their games.. Parents of course want their kids to be happy and pay full price then end up turning it shortly after at a huge loss...

If Gamestop were a car lot.. People would tell them to go fuck themselves that they were crazy, adults who turn their games in are too lazy to sell on craig's list or ebay.. kids can't.. so they have no other outlet
 
[quote name='CaptainJoel']This is a stupid lawsuit. The guy that bought DA:O should've known what he was getting into.[/QUOTE]

just like when a person drives their car on the road and when on a busy street, I suppose in your logic they should expect an accident sooner or later..serves them right I guess. I agree with the lawsuit as no where does it state on used games that it does not come with content as stated on the box
 
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