GameStop Sued Over Deceptive Used Game Sales

[Shrygue]

Here's something interesting from IGN:


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.

[Qmark]

All to save five bucks, huh?

[symbal]

I'll bet developers are laughing their tits off right now because this is exactly the kind of story they hope for to convince people to buy new.

[mike_jmg]

All to save five bucks, huh?

yeah

[Hypershell]

I'll bet developers are laughing their tits off right now because this is exactly the kind of story they hope for to convince people to buy new.

Pretty much.

You know, I'd have expected this if it were a department/toy store or something, but for GameStop, which specializes in video games, they ought to pay attention to what they're selling. Everyone and their dog knew that the "voucher for DLC with new purchase only" approach was coming, so they see that on the box, and it didn't raise a red flag with anyone?

A lawsuit over 10 bucks is pitiful, but so is the reason it came about.

And, yeah, Gamestop has a pitifully tight return window. You really need to pay attention to your receipt if you have any trouble, 'cuz the clock is ticking.

[quzar]

You'd think they'd settle for the 5$ and print up the stickers they know they'll eventually have to.

[symbal]

You know nearly 5 years ago i bought some complete dry dog food from Safeway and it was over a year out of date, i noticed the date when i got home and they didn't eat any but i took it back and said one of my dogs was sick on the carpet so all i asked for was a refund and £25 to hire a carpet cleaner, and the managers word all the stock was fully checked for anything like that, to me this is how you deal with things like that, not some numb f****r probably claiming psychological damages for a used game.

[Qmark]

Below this language, in small print, is the language "One-time use code available with full retail purchase. Expires April 30, 2010."

A competent judge would dismiss the suit immediately.

[Darksaviour69]

i had to re-read that, for some reason I thought that the gamestop employee told him that he could use the codes again (eg lied). He would have a case there (if he could prove it as it would be his word against his).

[fpcreator2000]

Um. If this kid wins the lawsuit, the little (0.00001%) hope I have in the U.S.'s legal system is going to disappear. Plus the makers of the games made this fact very clear that only "Brand new copies" of the game will get said content for free.
Also, if he can spend the $54.99 bucks on that game, he should have spent the extra $5 to get it brand new. Buying a game used when it just hit the streets (at the $54 price range) is just dumb. Plus now that one has to buy the $10 ($20 in the case of Mass Effect) for the extra content, that increases the value of the used game by $20, thus making the used purchase pointless as any saving that you might have gained are lost, and in the case of Dragon Age: Origins, stupid because the overall cost of the game increases to $74.99 just because you wanted to save $5 at the time.

I hope it gets thrown out of court so that he is made to be a fool. If this had some level of merit (as it was said before that an employee gave out false information) then by all means go ahead, but this is ridiculous.