GameStop Nailed With Class Action Over Deceptive Used Sales

[Tom Goldman]

GameStop Nailed With Class Action Over Deceptive Used Sales

A class action lawsuit claims GameStop is still being deceptive over DLC that isn't included with used game sales.

GameStop is once again [http://www.escapistmagazine.com/news/view/99453-GameStop-Sued-Over-Deceptive-Used-Game-Sales] the target of a lawsuit over what customers call "deceptive" used sales practices, but this time it's a class action. Three plaintiffs claim GameStop misleads purchasers of used games by making them think downloadable content is included in the box when it really isn't.

For example, let's say a brand new copy of Dragon Slayer XIV comes with a code for a Flaming Sword of Dragon Death. If a new buyer uses that code and trades the game in, the code isn't available for the used buyer. GameStop is being accused of pretending these codes are included to entice people to buy used games.

"By advertising the additional downloadable content as being included with the game and by not informing consumers that they will not receive all the advertised features of the game, GameStop misrepresented and concealed material facts regarding its used games," the suit claims. "This situation is analogous to selling a used book to customers without telling them that there are chapters missing."

The issue for these customers probably relates to packaging rather than deceptive practices on GameStop's part. If a game's package says it includes a Flaming Sword of Dragon Death, but the game is used, it probably won't anymore. Is that GameStop's fault? It's probably more neglect than intentional deception.

If anything, GameStop simply needs to implement a program where it clearly explains to customers that used games will not always include DLC if the original buyer used it up already. That's as simple as putting up a few signs. It gets a little more complicated when it comes to EA titles that require an extra $10 purchase [http://www.escapistmagazine.com/news/view/98497-Retailers-Warn-Project-Ten-Dollar-Will-Hurt-Consumers] to play online if a game is bought used, but GameStop already reduces the price of those used titles by a comparable amount. GameStop just needs to be more active and clear on the issue so it can avoid lawsuits like this.

Source: IGN [http://ps3.ign.com/articles/115/1153698p1.html]

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[Ariyura]

More people just hopping on the sue happy bandwagon it seems. I'm pretty sure most people know that downloadable content is not included in used purchases but it's easy to blame someone else.

 

[matrix3509]

Is it really that big of a surprise? GameStop makes most of their money off their evil used game practices than anything else. I've already sworn off them for as long as I live anyway so it doesn't affect me much.

 

[Something Amyss]

Good. I've seen the clerks outright lie about it. If it's store policy in any form, they should be sued. If it's not, these clerks should be fired.

Although, is the packaging the sort of thing that should be looked at? One of the reasons for DLC being included with games is that they want to encourage new game sales. If you do not specify it's first customer only, or do so in small print on the back, you're not accomplishing that with most people. You can say "lol people are stupid" or "read the box," but the burden of luring new sales in is on the company promoting the game. If they don't promote it properly, those sales seem to still go to Gamestop's used department.

 

[MaG iiC 3E]

How exactly can they check on these codes without actually using them? They can't, they just have to ask the seller and hope for the best.

In reality, it's showing that the $10 plan is working perfectly for keeping new game sales up. Gamestop really needs to cut the shit with pretending that this isn't their fault. The only plausible course of action is to start selling used games for less to keep sales up, otherwise people are just going to buy new games and they'll lose one of the key points of their business.

 

[Samwise137]

For fear of getting myself involved in a political debate I'm only going to say: "welcome to America"

 

[Something Amyss]

More people just hopping on the sue happy bandwagon it seems. I'm pretty sure most people know that downloadable content is not included in used purchases but it's easy to blame someone else.

That's pretty convenient reasoning. Not particularly solid reasoning. But hey, it's "easy to blame someone else."

 

[Jamboxdotcom]

hmmm, looks like the plan to kill used games sales is working. Gamestop's only real recourse here is to stop selling used games that advertise DLC on the original packaging. well, technically they could repackage, but that's still a losing strategy, because repackaged goods don't sell as well as they do in original packaging.

though it feels weird to feel sorry for or defend Gamestop, i gotta say this really sucks for them.

 

[Something Amyss]

How exactly can they check on these codes without actually using them? They can't, they just have to ask the seller and hope for the best.

Do they even differentiate? If so, why? why not assume the code is dead and go from there?

As far as I can tell, that's what they ACTUALLY do. But if I'm wrong, the "how was I to know?" Defense is pretty weak here.

Plus, they guarantee other content. You know, like if your XBox is console banned you can trade it in. IF, and I specify IF they're actually playing this card, they should have no problem giving you a new code.

But only IF, because I seriously doubt they are.

 

[Leg End]

Looking at the back of Bro Company 2...

Bonus Downloadable Content Included.*

Little further down in even bigger lettering...

*AVAILABLE WITH FULL RETAIL PURCHASE. SINGLE-USE CODE EXPIRES APRIL 1, 2011.

So, if people can see the bonus content bit on this case, they can easily see the full retail purchase warning. Though, they may not know what that means. :/

Ehh, I am... somewhat siding with GameStop. :/ I think it's pretty much just a bunch of sue happy, ignorant customers. :/ Or, it could be people being legitimately deceived by GameStop and I'm just being an idiot. :/

My head hurts...

NEED BRO COMPANY.

 

[JeanLuc761]

Is it really that big of a surprise? GameStop makes most of their money off their evil used game practices than anything else. I've already sworn off them for as long as I live anyway so it doesn't affect me much.

"Evil" practices? Alright then...

How exactly can they check on these codes without actually using them? They can't, they just have to ask the seller and hope for the best.

In reality, it's showing that the $10 plan is working perfectly for keeping new game sales up. Gamestop really needs to cut the shit with pretending that this isn't their fault. The only plausible course of action is to start selling used games for less to keep sales up, otherwise people are just going to buy new games and they'll lose one of the key points of their business.

Actually, games that have EA's "Project Ten Dollar" are usually about $15 cheaper when used, and (at least in the store I work at) we always offer the $10 downloadable code for those people who want to enjoy the bonuses. If they don't, they saved $15. If they do, they either buy the game new or spend the $10 for the code.

 

[Something Amyss]

hmmm, looks like the plan to kill used games sales is working. Gamestop's only real recourse here is to stop selling used games that advertise DLC on the original packaging. well, technically they could repackage, but that's still a losing strategy, because repackaged goods don't sell as well as they do in original packaging.

though it feels weird to feel sorry for or defend Gamestop, i gotta say this really sucks for them.

They could repackage, cover the DLC ad part with a sticker, or simply inform customers. Neither of the latter are as losing a strategy. They're also less likely to cost customers than people feeling burned by not getting the DLC (which is still an issue if this suit does not win).

The strategy doesn't seem to be working all that well, though. Unless this suit actually wins, al we've demonstrated is that people are still buying used, thinking they're getting that shiny content the companies want to lure you away from Gamestop with.

 

[sindremaster]

I'm all for fighting the power and that sort of thing but this must be the stupidest thing I've seen on the internet all week.(And I am on the Bioware forum alot so this is no small accomplishment)
That's what people get for buying used games.

 

[ace_of_something]

I think this is a slight of hand lawsuit. Basically, they want to sue gamestop for a lot of things and latched on to this one thing cuz it's easy.

Or

The people in question might have some tenuous ties to the games industry and don't like used sales.

Either way game stop sucks. We have too local chains that are much better. Although, selling a used game for $5 less than new and giving you $10 when you sell it... it's not hard to do much better.

 

[Something Amyss]

Looking at the back of Bro Company 2...

Bonus Downloadable Content Included.*

Little further down in even bigger lettering...

*AVAILABLE WITH FULL RETAIL PURCHASE. SINGLE-USE CODE EXPIRES APRIL 1, 2011.

So, if people can see the bonus content bit on this case, they can easily see the full retail purchase warning. Though, they may not know what that means. :/

Ehh, I am... somewhat siding with GameStop. :/ I think it's pretty much just a bunch of sue happy, ignorant customers. :/

Well yes, and as that's the only game that's had this sort of DLC promotion or the only one that ever will, it's the consumer's fault.

Oh, right. Not every game with Bonus DLC Content does that so explicitly.

 

[JMockShepard]

This is just stupid. You buy a used game, you knew very well that the code inside might be used. This is reflected in the pricing of the used games in most cases. In fact, with the Sports games that now require codes to play online, the GameStop register system prompts the cashier to let them know about the code. People are just looking for ways to complain and get money. If they somehow manage to win the lawsuit, you know they'll take their money and go right back to GameStop and buy more games. I've worked at GameStop. Yeah, they over-promote their add-on sales, but you don't have to buy anything you don't want. Just be an informed shopper and not a clueless knucklehead.

There is always the chance that the codes ARE still active because people didn't use them.