If I were to sue EB Games........

As proposed by some on this thread. Whenever I go to an EB or Gamestop and want a game, if said game is being sold to me as new but is opened I just don't purchase it. I do hate the fact that I waste my time only to have them try to sell me an opened box as a new item.
I too work in a retail store. If by any means a customer wants a discount because they're not completely satisfied with the quality or condition of the product we do give a discount with the condition that it's being sold as is. I believe that this would be somehow fair in a lot of instances.
 
what pissed me off recently was when i went to EB a few days ago to pick up Ape Escape Pumped and Primed...I saw 3 display copies on the shelf and figured, well they have 3 copies out, so they must have plenty of sealed copies...wrong...why in the hell would they need 3 copies of this game opened? but the $9.99 price tag made my 5-seconds of anger go away...
 
Hey thanks to all who agreed and disagreed with me. This thread will help me out alot! I will update info to all who are interested. Thanks alot. Now its back to work! :D
 
You do have a case when it comes to ordering online (and in fact it would be the kind of case ideal for a class-action lawsuit, since a huge number of customers are affected, but nobody enough to actually consider legal action by himself). But in-store? You see what's going on, and still agree to pay the retailer's price. To buid a case here, you'd pretty much have to prove that the merchandise has been used but is sold as new.
 
If you really want to cause trouble, just file and injunction. I did not look at the law, but will take your word for it that opened items cannot be sold "as new" in Kentucky. If they keep doing, file an injunction and aget a court to force them to stop.

As to all the people that say, just don't go there, well what if heh as no other choice. I live in an area where only Gamestop is convenient. There is a Gamerush, but they are still not as specialized as GS and EB. If I had a problem w/ GS (and there are two that are closer than the nearest EB), my only real choice is to go to EB. I would then have to drive about 20 minutes further. The OP may be i a similar situation and should not have to go out of his way because EB is breaking the law.
 
For all of you that keep claiming that employees take games home and play them, this was once a policy of EB, that employees could check games out and try them and write a small review of features and qualities of the games. This policy ended at least a couple of years ago. They could either check out gutted copies of the games or even something new from case. They were under strict supervisor and not allowed to return the game if it had an time of scratch or mark to the game or the case. I knew of some stores where you had to be careful if you looked at a manual, not to open it flat and put a crease down the spine. After all of that, they would sometimes rewrap the games.

Ever wonder why stuff you get from the website has been rewrapped? It's mainly because some of the big new releases once had up to 10 gutted copies per store. When it came time to send back overstock to the warehouse, stores would rather send back the gutted copies than the copies in the original shrink wrap. They have since taken measures to get more display game cases from the manufacturers, but on occassion, a title still must be gutted in order to display it.

I can't believe all this stupid crap has started a new thread. If you get to the counter and all they have left is display copies, just say you don't want the opened copy of the game. When I was an employee, I would just tell the customer as soon as I realized that was all we had left and ask if they minded getting the opened copy. I was being upfront and gave the customer an easy out. I have seen some employees try to play it off and act like it's not a big deal, but I understand the magic of taking off the shrink wrap and complaining about all the security labels.

I hope this thread dies soon. It's like the hundredth one based on this. Just know that EB is aware that people don't like buying opened products and that's why they ended the return/exchange policy, employee check-out program, started getting display copies from larger manufactureres, and even removed the dreaded shrink-wrap machine from most stores.
Click to expand...

I agree. EB does not allow employees to take home games, PERIOD. If I hear one more person claim that bullshit again I might go crazy. I don't care if you know somebody who knew somebody who used to work in an EB games store for 2 weeks and bragged that he tried all the games for free. That shit ended 2 years ago.

A solution: simply don't shop there. All you people do is bitch bitch & bitch some more about their trade in prices, "bad" employees, and gutted games. Why the hell do you continue to shop there? Just so you can come home and waste your time telling everybody about your bad experience?

And for those who don't understand why you would open multiple copies of a game for display on a wall...take a marketing class. You'll understand later.
 
Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.
 
I don't ever post here but all this crap of the policy ended two years ago with employees taking games home at EB is not true. At least not in the Central New York Northern Pennsylvania EB District. How do I know I work at one of the stores and they still allow this. Hell I even have a friend that use to work for EB, hes the one that got me the job, he has since moved on to better things but still comes into the store several times a week and hes such good friends with our district manager that hes still allowed to take games home. So don't give me that crap that the policy ended years ago cause I know that many stores allowed it to happen in the past and still do today. Though I will say that if you scratch the game or damage the manual you buy the game and it is enforced. I also agree that no game store should break the seal and then sell it as new. They don't need to open multiple copies of games for display purposes, one would suffice, and that one copy should be sold at a 5-10% discount. If they simply would do something like that then this topic would cease to exist cause if a customer agreed to take it at a discount then they have no legimate complaint about them selling opened games.
 
The same thing happen to me at Gamestop. I was getting Mario Sunshine n he just pulled out the box. i still got the sticker on it!

Lawsuits take a long time and a lot of money. Hope u got that.
 
It's rare that I buy "new" games from EB (I mostly go for the used stuff) but I never take the box up with me when I do. Just ask at the desk if they have it in stock. If the guy grabs it from the glass case, he's made a sale. If he starts to wander off into the store to get the case, I tell him never mind if it's opened. They're usually pretty cool about it.
 
[quote name='CheapyD']Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.[/quote]

You can't honestly be comparing the two situations.. can you?

Your comparing the missing plastic shrinkwrap (which quickly becomes trash anyways) with a ruined, unsanitary product. EB removing the plastic from the box and showing the box to their customer base does not in any way ruin the product.
 
[quote name='Scahom1']So by gutting a game, we are in theory pissing on it?[/quote]
No, but if a customer sees (or knows) that either is happening, and still willingly buys it, I don't know how they can still complain.
 
[quote name='CheapyD'][quote name='Scahom1']So by gutting a game, we are in theory pissing on it?[/quote]
No, but if a customer sees (or knows) that either is happening, and still willingly buys it, I don't know how they can still complain.[/quote]

Ahh, now I understand the analogy, nevermind my original remark.
 
I think a better analogy would be McDonalds selling you a hamburger that an employee had already taken a bite out of. You haven't sold the burger yet, so by their logic its new. However, upon receiving the burger, you can obviously tell that somebody has done something with it. Would you want to pay the same amount of money for a used burger, as opposed to a freshly wrapped one? What's the difference between a pristine traded in game being sold as used and a "new" game being sold open? About $10-$20, in their eyes.
 
[quote name='evilmax17']I think a better analogy would be McDonalds selling you a hamburger that an employee had already taken a bite out of. You haven't sold the burger yet, so by their logic its new. However, upon receiving the burger, you can obviously tell that somebody has done something with it. Would you want to pay the same amount of money for a used burger, as opposed to a freshly wrapped one? What's the difference between a pristine traded in game being sold as used and a "new" game being sold open? About $10-$20, in their eyes.[/quote]

Once someone has taken a bite out of the burger (and this is ignoring health concerns).. some of the burger is now missing. You would be paying the same price for less of a product. However, if it was a complete burger, however they were 100% out of wrappers and had to wrap it in a napkin.. I would be ok with that.

When you get a display copy game, you are getting 100% of the product, there is nothing used up, nothing changed from the condition you would receive with a sealed game. The only thing you are missing is the future trash (shrinkwrap).

Basically, its a poor analogy.
 
[quote name='evilmax17']What's the difference between a pristine traded in game being sold as used and a "new" game being sold open? About $10-$20, in their eyes.[/quote]


Hardly the case at EB concerning new releases. I constantly see used games marked at 44.99, while a new one retails at 49.99. This applies to almost any brand new title with a retail of 49.99.
 
[quote name='Scorch']:rofl:

Thanks for the morning laugh.[/quote]

Sadly, there will be another one of these stupid rants tomorrow.
 
In the past EB also would sell returned copies of games as "new" As an example, I purchased a "new" copy of "Animal Crossing." However, when I got it home I found that the included memory card already had a save file on it. Also, these "new" games have also been sitting in the display system for a month being played constantly.
 
[quote name='CheapyD']GameStop already had a class action suit against them for this practice.

http://www.gamestop.com/gs/help/classaction.asp

If you don't feel like reading it, the outcome was as follows:

1) GameStop agreed to put a sign up which reads, “All software for video game consoles may have been used and returned in accordance with [store tradename]’s return policy.”

2) They agreed to give out 5% off discounts to those who were affected.

Big whoop.
Chalk it up on the board...frivolous American lawsuit #15,231,123[/quote]

If it didn't work on Gamestop I doubt it will work for EB. Besides, as others have said, if you don't like it then shop somewhere else.
 
Yes this is the problem here, someone brought up the fact that they can and will sell trade in games in excellent condition. I know that some of them do this, especially on newer games and games that are high in demand. This is why anything that is not shrinkwrapped should be considered used - no excuses. However, until someone does something they will keep doing it - wll while running up their profits. They've tried pulling this little scam on me and I will only take the game if it is in pristine condition and with a discount (I always get one)
 
I've had a problem with gamestop since I walked in there. From what I see there prices are higher than EB, and the people that work there know shit about anything. When I went there over the summer my cousin got a game case only instead of a game, half there used games that i get dont work at all, and they rarely have as much deals as EB does.
 
[quote name='Scahom1'][quote name='Scorch']:rofl:

Thanks for the morning laugh.[/quote]

Sadly, there will be another one of these stupid rants tomorrow.[/quote]

I don't understand people.. if you don't like it, don't shop there.. it's that simple..
 
[quote name='Scorch']:rofl:

Thanks for the morning laugh.[/quote]

Agreed this will by far be the funniest thread ive read in awhile.
 
If the store accepted open "new" condition games for refunded returns, I would agree with everyone saying that they are still selling a new game.

However, the store makes it clear in their return policy that a game missing shrinkwrap and its factory seal is no longer "new".

I don't think you need a lawsuit to just say "do you have any copies that are sealed?"
 
[quote name='Scrubking']Yeah, EB has some shady practices. I ordered from them online a few days ago and I decided I wanted to cancel so I could redo my order. I called to cancel less than an hour after making the order and the lady tells me that they can't cancel the order cause they put the sticker on the box. WTF?? How about you throw the box in the garbage and cancel the order? I worked in a warehouse before so that is bullshit. I guess they think that you are more likely to keep the order if you get it at home.[/quote]

An hour later? I've had orders not ship for days... It figures the only time they're expedient is when they're bending you over the counter. :oops:
 
eb does sell used games as new. Especially if the release is only a couple of days old. how do i know? i was told by an e.b. employee.
 
[quote name='Slipknot9762']I've had a problem with gamestop since I walked in there. From what I see there prices are higher than EB, and the people that work there know shit about anything. When I went there over the summer my cousin got a game case only instead of a game, half there used games that i get dont work at all, and they rarely have as much deals as EB does.[/quote]

That happened to me too... They had their b2g1 sale and I decided to load up... I got like 6 games for $40 and thought I got a great deal. When I got home the desk-jockey forgot to put one of the games in... fortunately they believed me and gave me another copy.
 
[quote name='Cornfedwb'][quote name='Follandboy']I am not a lawyer or anything, but from your information, I think you have grounds for legal action. If the price tag says that the game is new, that means that it should not have been opened. Grocery stores do not put empty ceral boxes on thes elves and refill them at check out and call it new cereal. There are easier ways to deal with shoplifting rather than sell their customers games that are not new. If you happen to get the last copy and have to get the display case, you deserve to be told that the disk is new, but the overall product is not. Because of this, the buyer deserves a discount. I am sending this to ebgames help right now.[/quote]

A. You have the right to refuse the sales when you are aware they are giving you the display copy.

B. There is no law clearly defining when a video game is used and when it is new.. however, a court is very likely to agree with EB's argument that a game that has never been in a console, is still new.

C. At what point did the overall product not become new? The disc has never been in a console, the manual has never been read, the case has barely been handled. The same basic level of newness would be your average game at a retailer such as Best Buy that leaves their games on display.

D. Use this for instance: An auto parts retailer (such as Autozone, Pep Boys or the like) has parts boxed on shelves. A customer comes in, asks to see a MAF for a 96 Mustang. The parts counterman gets said part from the back, removes it from the box and hands it to the customer for their inspection. For whatever reason, the customer does not purchase said part and the part is returned to its now-open box and replaced on the shelf... Now, when you come in to purchase a MAF for a 96 Mustang, should you pay 1/2 price because once the product has left its box it is now used?
Obviously not, and this is basically the exact same situation, except here the customer has handled the product, and in the particular situation we're dealing with at EB, no customer has handled the disc.

edit - Forgot to finish my thought... There is no basis for a lawsuit here. Every legal amatuer can come out and try to explain how these games are not "new".. however, you'd be wrong. The best you could hope for is to have EB give you a free game for your bitching. And people, stop being so f'ing anal about things.. if you want your precious shrinkwrap, refuse that copy and go buy it somewhere else. Stop bitching about it here.[/quote]

The OP said that Kentucky state law defines an opened box as used. Therefore, EB has to follow the law. But like Cornfedwb said, you do not have to buy it. I just tell them, "No, I want an unsealed copy, not a used one." They have to sell you what you want. They cannot force a used copy into your hands, take your money out of your wallet and then push you out of the store. But I do feel a lawsuit is suitable. Especially if the judge changed it to Class Action. EB and others really need to stop this practice. They say it's to stop theft, but I have known many people who work at these stores and the employees get to take the games home and try them out in many cases. That's usually what is happening.
 
I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.
 
[quote name='dental_regurgitation']I don't think you need a lawsuit to just say "do you have any copies that are sealed?"[/quote]

Hey, that's just a little too easy. What the hell is wrong with you? Plus...lawsuit, dude. Lawsuit.

In all seriousness, if you get an open game, you can open it up right there in the store and inspect it. If it looks used, has a scratch or otherwise isn't up to snuff, hand it right back to the cashier for a refund or exchange. Unless you're buying for collector's purposes (in other words, the game will likely never be unsealed), then how big of a problem is it?

Is now a good time to point out that even sealed games can get scratched or scuffed? (when they pop off the spindle/tab and rattle around during transit)
 
[quote name='PsyClerk'][quote name='dental_regurgitation']I don't think you need a lawsuit to just say "do you have any copies that are sealed?"[/quote]

Hey, that's just a little too easy. What the hell is wrong with you? Plus...lawsuit, dude. Lawsuit.

In all seriousness, if you get an open game, you can open it up right there in the store and inspect it. If it looks used, has a scratch or otherwise isn't up to snuff, hand it right back to the cashier for a refund or exchange. Unless you're buying for collector's purposes (in other words, the game will likely never be unsealed), then how big of a problem is it?

Is now a good time to point out that even sealed games can get scratched or scuffed? (when they pop off the spindle/tab and rattle around during transit)[/quote]

I've had that happen (with DVD's from ColumbiaHouse mostly). I hate that.
 
[quote name='Cornfedwb']

Basically, its a poor analogy.[/quote]


Poor analogies seem to be the norm in this thread.

:lol:

maybe someone that worked at a new and used bookstore could come up with a relevant analogy?
 
[quote name='Cornfedwb'][quote name='CheapyD']Can you imagine a situtation in which you watch a McDonald's employee piss on your hamburger and yet you paid for it anyway and walked out of the store?

This is pretty much the same thing, without the bodily fluids.[/quote]

You can't honestly be comparing the two situations.. can you?

Your comparing the missing plastic shrinkwrap (which quickly becomes trash anyways) with a ruined, unsanitary product. EB removing the plastic from the box and showing the box to their customer base does not in any way ruin the product.[/quote]

Not to defer from what was meant with the urin comparison, but although urin burgers wouldnt pass health inspections, its actually sterile and is technically sanitary as it doesnt post any health risks.

Just some info, urine is not a toxic waste product and this has been scientifically proven. 95% of urine is water, 2.5% consists of urea and the remaining 2.5% is a mixture of minerals, salt, hormones and enzymes. Toxic substances are being removed from the body through the liver and intestines, through the skin and through the outbreath.
 
[quote name='dental_regurgitation']I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.[/quote]

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.
 
[quote name='repetske'][quote name='dental_regurgitation']I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.[/quote]

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.[/quote]

This is a good point. EB makes something on the order of almost twice the profit on used games as they do on new ones.
 
I don't understand why ebgames can't just get extra copies of the covers to stick in cases for shelf display instead of opening games and storing the discs behind the counter.
 
I believe the games need to be sold "used" once its opened, because they do not have any way to guarantee that the disc you are getting iis in the same condition as when they took it out. Since these formats are more prone to damage cleaning supplies/ heat etc could damage the disc beyond a visual inspection. And the game could be returned for another...if it is in stock, but if not its store credit in most situations. Which other users have complained about. And that hastle shouldnt be on the customer,. If the game was naturallly defective before it came out of the package, I woudln't know and I would still blame the store.

If I could be guaranteed that a game was in the same condition as it was before it was opened then I wouldnt think it would be a big deal, (having this guarantee, not one where i have to drive back for a new one) but we know stores can't directy prevent every employee from fingerprinting or lightly scratching the disc.
 
[quote name='hutno']I don't understand why ebgames can't just get extra copies of the covers to stick in cases for shelf display instead of opening games and storing the discs behind the counter.[/quote]

They can sell the display copies... if they just had the extra open box they'd wind up just throwing it away...

That, times how many thousands they would need for every store = HUGE LOSS.
 
[quote name='hutno']I don't understand why ebgames can't just get extra copies of the covers to stick in cases for shelf display instead of opening games and storing the discs behind the counter.[/quote]

In my area we have a chain of game stores called Rhino, not popular in the south east. And for a lot of their games they use what looks to be like color printouts that they insert in the dvd cases.
 
[quote name='PsyClerk'][quote name='repetske'][quote name='dental_regurgitation']I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.[/quote]

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.[/quote]

This is a good point. EB makes something on the order of almost twice the profit on used games as they do on new ones.[/quote]

But the point is that they are opening new games and selling them new. Yes, if they buy a used game from you, then sell it, they are making more money than selling a new game. But if they open a new game and take it home to "test out" and then take it back to the store and sell it used, they would lose money. That's what the OP was about. And if they sold a used game as new (which they do) as the first quote said, they would make even more money.
 
[quote name='repetske'][quote name='dental_regurgitation']I've been giving this more thought, and I believe that if nobody takes a firm stance against the stores, they might begin to sell used games that appear to be "new" as new.[/quote]

Not that this thread has any common sense so far, but actually EB would want to sell all of their product as used if they could in order to inflate profit, so I don't think you have too much to worry about.[/quote]

I don't quite follow what you mean... wouldn't the profit be greater if they sold their used games as new ones?
 
I love when this debate rolls around every couple weeks :)

I personally don't care if the game has never even been taken out of the case... as in drinking, once the seal is broken, the floodgates are open. It's the potential that it was used (put into a console, touched, whatever) that makes it used. I wasn't there for the entire time from open to when I purchased and I sure as hell am not gonna take the word of some pimply faced teen who is just spouting off some scripted lines about "all display copies have never been played"...

"Bottom line" is that there has to be some measure of what makes a game used and the most absolute and concrete measure is the factory seal, or any seal for that matter as you can tell when it is shrinkwrapped with their machine.

I kinda wish games would go the way of DVDs with the separate label seals on the 3 sides of the case. As it is, and with only PS2 and XBox, people can still get discs out from the bottom.

But when all is said and done I doubt there is little reason to get all huffy puffy about it. Just don't buy from EB. Ever. :p
 
Yeah it's a pretty gay practice but what can they do?

On another note, everytime I buy something from ToysRUs I end up with a return or item that has been previously opened and resealed, last time I bought a PSOne combo and someone stole the screen and controller from the package and re-sealed it, I guess I'm a moron for buying it but the seal *was* still intact. Next day when I go to return it some jackass had bought 9 LCD screens leaving NONE for me. sigh, *end rant*
 
I've read through this thread, and have a few complaints with EB/Gamestop, but none so severe that I would take action against them.

1) It may be a policy of theirs but I know that some EB employees in my area DO take games home and play them, then return them as NEW. I am very good friends with them, and have even went to their houses when playing these games.

2) Their gutted items really piss me off too, so if you don't like it, but them from somewhere else!

3) If they only have a gutted item left, ask to inspect it BEFORE buying it.

4) Some employees don't treat the games as carefully as you would yourself. If they need to handle your disc to place it in the case, and this worries you, ask to do it yourself. I've bought a few gutted games when they were on sale, and I nicely asked if I could put the disc in the case. They thought I was weird, but had no problem with me doing it.

The only things I see wrong is when they rewrap games and sell them as new (which I don't know if they do) and, when they take them home to play, and then return them, even if they are still in pristine condition...
 
it would be much better if there werent display copies at all and they just put all the games on the floor asking to be stolen..... why dont they just have an empty store and keep all the games in back even?!?!

doesnt make much sense people, if you dont want a display copy then go buy it somewhere else
 
a game is not new if it is not sealed instead of complaining go elsewhere they will eventualy change there policy or go out of bus. has anyone noticed that they sell mvc2 new for 39.99 and used for 54.99. in my opinion eb is worthless.
 
[quote name='MrSneis']Yeah it's a pretty gay practice but what can they do?[/quote]

You're right. From now on, let's only buy games from heterosexuals.
 
[quote name='cicada17']In the past EB also would sell returned copies of games as "new" As an example, I purchased a "new" copy of "Animal Crossing." However, when I got it home I found that the included memory card already had a save file on it. Also, these "new" games have also been sitting in the display system for a month being played constantly.[/quote]

Isn't Animal Crossing _supposed_ to include some kind of extra on the memory card?
 
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