GameStop Sued Over Deceptive Used Game Sales

[UK_fan_05]

Source IGN

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 by clicking the link. http://ps3movies.ign.com/ps3/documen...2/Gamestop.pdf

[mikejet]

Someone needs to go after them for selling open used games as new. I've seen the signout book that they have at stores for lending out "open" new games.

[Batman1980]

Hope he wins, sounds like a major crock of crap to me.

[UK_fan_05]

Originally Posted by mikejet

Someone needs to go after them for selling open used games as new. I've seen the signout book that they have at stores for lending out "open" new games.

That is actually mentioned in there. I just finished reading the suit. Sounds like he might have a legitimate suit.

[mikejet]

Originally Posted by eagle_fan_05

That is actually mentioned in there. I just finished reading the suit. Sounds like he might have a legitimate suit.

[Chloenator]

$54.99 is WAY too much for a used game! I would rather spend the extra $5 to get a brand new one. This guy should've been smacked upside the head for actually buying the game used at $54.99 in the first place. I hardly ever shop at GameStop. Their prices are ridiculous!

[mikejet]

Originally Posted by GoPens78

$54.99 is WAY too much for a used game! This guy should've been smacked upside the head for actually buying it in the first place. I hardly ever shop at GameStop. Their prices are ridiculous!

Seriously for $5 more he would get it new and the code he wanted.

[Batman1980]

Originally Posted by mikejet

Seriously for $5 more he would get it new and the code he wanted.

Which makes you wonder why people buy them there used to begin with...

[mikejet]

Originally Posted by Wolverine1980

Which makes you wonder why people buy them there used to begin with...

Maybe used game + money left for pack of smokes?

[Secretagentnumber6]

Originally Posted by eagle_fan_05

That is actually mentioned in there. I just finished reading the suit. Sounds like he might have a legitimate suit.

I think he may possibly have a suit, but I think winning is a long shot. The problem being is that the DLC is what may be known as a common industry custom nowadays. As a result of that anyone partaking in the industry is assumed to have constructive knowledge of how this included DLC works with purchasers of new games vs purchasers of used games. The question here is not one of deceptive practices, it is one of imputed knowledge, Does the guy suing have to have actual knowledge of the game industry and their DLC practices (which like I said is becoming industry custom, and is likely considered so at this point), or does the fact that he should have known and could have known by reading any number of internet articles or forums including this forum right here. I think he loses, and if he wins, the question goes to what are his real damages here. I do not think a court will award punitive damages in this case, and the real damages to this guy is what 10-15 bucks. In the end the moral of this will likely be get acquainted with practices and customs of a company before you shop there. This guy should have known better and may very well have, a cynical mind might think he did this on purpose.

[UK_fan_05]

Originally Posted by Wolverine1980

Which makes you wonder why people buy them there used to begin with...

Well, some games do not come with any DLC prepackaged or anything like that, so buying used is good. I use to get from Gamestop all the time by getting used games at $54.99 and taking them back for a full refund within 7 days. So, I guess I was actually screwing Gamestop over by giving them no money and them letting me borrow games lol.

Some games I have gotten before had unused DLC cards and stuff like that in it, including a copy of DAO. I have Gamefly now so I could care less if anyone sues them lol.

[UK_fan_05]

Originally Posted by Secretagentnumber6

I think he may possibly have a suit, but I think winning is a long shot. The problem being is that the DLC is what may be known as a common industry custom nowadays. As a result of that anyone partaking in the industry is assumed to have constructive knowledge of how this included DLC works with purchasers of new games vs purchasers of used games. The question here is not one of deceptive practices, it is one of imputed knowledge, Does the guy suing have to have actual knowledge of the game industry and their DLC practices (which like I said is becoming industry custom, and is likely considered so at this point), or does the fact that he should have known and could have known by reading any number of internet articles or forums including this forum right here. I think he loses, and if he wins, the question goes to what are his real damages here. I do not think a court will award punitive damages in this case, and the real damages to this guy is what 10-15 bucks. In the end the moral of this will likely be get acquainted with practices and customs of a company before you shop there. This guy should have known better and may very have, a cynical mind might think he did this on purpose.

Yea, I think the guy knew that there wasn't any DLC in there. I don't know him, but come on a lot of people that goes to GS knows they usually don't have that stuff included. Seems like he is just looking for some quick cash. I don't think he will win, but I guess it is worth the try at least.

[mikejet]

Originally Posted by eagle_fan_05

Well, some games do not come with any DLC prepackaged or anything like that, so buying used is good. I use to get from Gamestop all the time by getting used games at $54.99 and taking them back for a full refund within 7 days. So, I guess I was actually screwing Gamestop over by giving them no money and them letting me borrow games lol.

Some games I have gotten before had unused DLC cards and stuff like that in it, including a copy of DAO. I have Gamefly now so I could care less if anyone sues them lol.

No they would make money off the money they held on to for those couple of days through investments. It's why when you purchase or return something that you paid for with a credit card, the money takes about 1-2 business days to show up on the statement, the credit card company is cashing in by holding it.

[UK_fan_05]

Originally Posted by mikejet

No they would make money off the money they held on to for those couple of days through investments. It's why when you purchase or return something that you paid for with a credit card, the money takes about 1-2 business days to show up on the statement, the credit card company is cashing in by holding it.

They didn't keep my cash but a couple of days, because I used cash lol. I don't think they had time to put money in their safe before I would be back there getting a refund!

[Lord_Stewie]

About time. Gamestop deserves the lesson.

[MEHEARTJC]

Didn't they get sued before for selling gutted games as brand new?

I think Gamestop's days of business are numbered. I went into my store mid day Saturday, and it was completely empty. A couple of years ago, it would have been packed out.

Their business is way down all because of corporate greed. Gamestop used to have great used game sales, coupons and dvds. Not anymore. I refuse to pay $54 for a used game.

[Secretagentnumber6]

Originally Posted by Lord_Stewie

About time. Gamestop deserves the lesson.

I cannot agree. They are shrewd businessmen. They are doing nothing different that every other corporation out there, it is just more public because they are doing it to the internet age.

I do not feel bad for anyone who gets a bad deal at Gamestop for the most part. I am a huge proponent of doing you research before you do anything. People constantly complain about them and the fact is the majority of complaints could be avoided if people would just be smarter about their shopping.

[mikejet]

Since last year none of my purchases have been at Gamestop

[Steve]

Originally Posted by Secretagentnumber6

I think he may possibly have a suit, but I think winning is a long shot. The problem being is that the DLC is what may be known as a common industry custom nowadays. As a result of that anyone partaking in the industry is assumed to have constructive knowledge of how this included DLC works with purchasers of new games vs purchasers of used games. The question here is not one of deceptive practices, it is one of imputed knowledge, Does the guy suing have to have actual knowledge of the game industry and their DLC practices (which like I said is becoming industry custom, and is likely considered so at this point), or does the fact that he should have known and could have known by reading any number of internet articles or forums including this forum right here. I think he loses, and if he wins, the question goes to what are his real damages here. I do not think a court will award punitive damages in this case, and the real damages to this guy is what 10-15 bucks. In the end the moral of this will likely be get acquainted with practices and customs of a company before you shop there. This guy should have known better and may very well have, a cynical mind might think he did this on purpose.

I'm not so sure. In this day and age common sense does NOT prevail. If you think about it, most of the products that you buy nowadays that have warnings on them that you would think are unnecessary due to common sense (like "make sure your car's engine is not running before attempting to change this fan belt") are the result of some idiot doing something stupid and suing and winning.

Originally Posted by Secretagentnumber6

I cannot agree. They are shrewd businessmen. They are doing nothing different that every other corporation out there, it is just more public because they are doing it to the internet age.

I do not feel bad for anyone who gets a bad deal at Gamestop for the most part. I am a huge proponent of doing you research before you do anything. People constantly complain about them and the fact is the majority of complaints could be avoided if people would just be smarter about their shopping.

This I have to agree with.

Personally I would just pay $60 for a new game instead of $55 for a used one. I don't normally mess with used games until they've fallen 50% or so in price.

[My_Two_Cents]

Originally Posted by Secretagentnumber6

I cannot agree. They are shrewd businessmen. They are doing nothing different that every other corporation out there, it is just more public because they are doing it to the internet age.

I do not feel bad for anyone who gets a bad deal at Gamestop for the most part. I am a huge proponent of doing you research before you do anything. People constantly complain about them and the fact is the majority of complaints could be avoided if people would just be smarter about their shopping.

Well said. I'm so tired of the "it's not my fault I'm an idiot" and the "big corporations are bad" mentalities these days. No one takes responsibility for their own actions/inactions, and instead want to blame someone else. I'm sorry, but if you are too stupid to:

1) Not understand that downloadable content (using a code) will NOT be valid in a used game

or

2) Not realize that you are being ripped-off paying only $5 less for a used game

then you deserve what you get (or don't). Start shopping smarter and you won't have these problems. Even my teenage kids understand what they can and cannot get with used games at Gamestop.