GameStop Nailed With Class Action Over Deceptive Used Sales

[Unhappy Crow]

Some pople are quick to purchase a game and not read the information either under the code or behind it. Like reading a contract (which is something most people don't do on television), they need to read when the code expires and how many times it can be used, or Gamestop employees need to inform their customers that the code doesn't work.

And who would be dumb enough to leave the code voucher in a game case when selling it? I always remove mine unless I use it. If I don't, I'll keep it in there when selling it on eBay, telling them that have ______ days to use the code before it expires.

 

[JediMB]

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...

Exploitative and damaging to the industry would be a more accurate description.

And I will continue to call BS on that until someone provides me with a strong argument as to why the games industry is in any way "special" when it comes to used sales. We have used books, used movies, used CD's, used cars, used computers, etc etc etc. But suddenly, when it's a used game, it's suddenly evil!

Give me a break.

GameStop had this ad in a video game magazine I read a while back.

"Same experience, lower price."

To me, that really hit the proverbial nail on the head. They're not selling discs in fancy packaging; they're selling experiences. So you buy the game, get the experience, and then you sell the disc back while still keeping the experience with you.

You can't compare that to cars, computers, etc., since those are bought for their practical functions.

So then there's books, movies and music to compare them to. I don't know about you, but I've never seen any dedicated retailers that encourage their customers to trade in their newly bought books, DVDs or CDs a week later. This "buy, consume, trade" culture does to my knowledge not exist with any other entertainment medium, and didn't really exist within hours as little as a decade ago.

But you don't care. I do, however. I'll give you that break now.

 

[Smooth Operator]

GameStop employees may fail to point out content will be locked with used games (sometimes even wonder if half of them can actually read), but it is EA who enforces this sneaky money swindling bullshit, second hand markets existed from the dawn of civilization yet the only thing sacred enough to legally allow content locking are EA games...

 

[Regiment]

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.

If I remember correctly, on the back of Dragon Age, it says pretty clearly that Shale comes with a limited-edition single-use DLC code. In fact, off the top of my head, I can't think of a single game with single-use DLC that (1) advertises that content on the packaging and (2) doesn't make it very clear that it's single-use limited-edition DLC.

I'm also inclined to think of the Dragon Age Ultimate Edition, which comes with all the DLC whether the game's been used or not. Seems like a good idea to me.

 

[JeanLuc761]

GameStop had this ad in a video game magazine I read a while back.

"Same experience, lower price."

To me, that really hit the proverbial nail on the head. They're not selling discs in fancy packaging; they're selling experiences. So you buy the game, get the experience, and then you sell the disc back while still keeping the experience with you.

You can't compare that to cars, computers, etc., since those are bought for their practical functions.

So then there's books, movies and music to compare them to. I don't know about you, but I've never seen any dedicated retailers that encourage their customers to trade in their newly bought books, DVDs or CDs a week later. This "buy, consume, trade" culture does to my knowledge not exist with any other entertainment medium, and didn't really exist within hours as little as a decade ago.

But you don't care. I do, however. I'll give you that break now.

In fairness, the "Same experience, lower price" was probably true when that advertisement was around. "Removing" content from used games is a very new trend.

Now then, I'd argue that calling a game an "experience" is rather irrelevant because that could be applied to any entertainment product out there. Hell, it could even be applied to car (driving across the country was certainly an experience).

As for "dedicated retailers," I've seen them for all types of entertainment. Want used movies or CD's? Go to FYE. Want used books? Go to *insert local book shop or library.* Want used games? Go to Gamestop.

Turning in your used items for a personal profit is not a new idea.

 

[Kebabco]

Accounts that the original buyers make should be transferable, including any DLC. But yeah the current practice of gamespot is illegal. Phoei

 

[Mechsoap]

Oh i pity the store clerks, that have to be blamed for all of this, by soccer mom's...

 

[theevilsanta]

What a stupid lawsuit. I worked for Gamestop for years, and while the company was far from perfect, it never while I was there falsely claimed anything about DLC being included with used games. In fact, when customers asked pros versus cons for used/new, DLC was always mentioned as being a benefit of a new game unless you got super lucky and the person who traded the title in never used the code. It's not hard to figure out. People need to stop assuming things and just ask the damn employees if DLC comes with it. No one's being told to lie here.

Gamestop employees: They tell you to push used games, right? - even if the customer will lose the DLC that would have come free with a new addition. I mean, you can't lie and say you'll get the DLC anyway, but you are withholding information and trying to dupe consumers.

EXAMPLE: I went to Gamestop to buy Mass Effect 2 with my girlfriend. I wanted to get the new version because it was only a $5 difference. But when I came to the counter ...

Me: One Mass Effect 2 please. The new one.
Employee: Are you sure? You can get a used one for five bucks less.
Me: Nah. That's OK. I'll just get the new one.
Employee: The game's only been out for a week, this one is barely used. Pretty much a free five bucks.
Girlfriend: Just get the cheaper one! Don't be awkward!
Me: uhhh ... Yeah, ok. I guess I'll get the used one.

$15 of DLC later I'm out $10.

Now I agree people should be informed when they purchase and this was my fault. But I f'ing hate Gamestop for telling its employees to attempt to dupe the average consumer out of their money. I'll never go back again.

 

[The_Yeti]

Any reason to sue Gamestop = good reason, in my book.

Given that it's used games sales that are driving up the prices of new games, anything that means Gamestop, or other companies, make less profits and sales of used games, means a greater chance of those of us that buy new games don't get screwed over in future.

So, what your saying is, buy the game new or miss out on the game for good? 'cause ya'know, theirs plenty golden oldies that traffic the used market that just can't be found new, used is there primarily so games don't just get tossed out, so that people who aren't wealthy enough or just weren't in the loop can still enjoy the greatest of games years after they've been put out. Without used games, new games would be such a crazed panic that prices would undoubtedly be higher and more contested then ever before, while making people anxiety ridden over whether or not they managed to get a copy before it went off the shelves.

 

[high_castle]

What a stupid lawsuit. I worked for Gamestop for years, and while the company was far from perfect, it never while I was there falsely claimed anything about DLC being included with used games. In fact, when customers asked pros versus cons for used/new, DLC was always mentioned as being a benefit of a new game unless you got super lucky and the person who traded the title in never used the code. It's not hard to figure out. People need to stop assuming things and just ask the damn employees if DLC comes with it. No one's being told to lie here.

Gamestop employees: They tell you to push used games, right? - even if the customer will lose the DLC that would have come free with a new addition. I mean, you can't lie and say you'll get the DLC anyway, but you are withholding information and trying to dupe consumers.

EXAMPLE: I went to Gamestop to buy Mass Effect 2 with my girlfriend. I wanted to get the new version because it was only a $5 difference. But when I came to the counter ...

Me: One Mass Effect 2 please. The new one.
Employee: Are you sure? You can get a used one for five bucks less.
Me: Nah. That's OK. I'll just get the new one.
Employee: The game's only been out for a week, this one is barely used. Pretty much a free five bucks.
Girlfriend: Just get the cheaper one! Don't be awkward!
Me: uhhh ... Yeah, ok. I guess I'll get the used one.

$15 of DLC later I'm out $10.

Now I agree people should be informed when they purchase and this was my fault. But I f'ing hate Gamestop for telling its employees to attempt to dupe the average consumer out of their money. I'll never go back again.

Used was the bulk of our business, yes, but we weren't told to lie. In fact, when games have big incentives for new, we tend to push the new. I'm actually a huge BioWare fan, so when customers came in looking for Dragon Age or Mass Effect, I told them the perks to new. If they were on the fence, I recommended they try out the used one. If they liked it, they could exchange it for a new copy within a week and get the full perks to DLC.

One of our shift managers was a big sports game fan. When EA started charging for online access, his first question to customers looking to pick up the game used was: "Do you want to play online?" If the answer was yes, he recommended the new version so they wouldn't have to pay for that access.

I was a manager for a store for over a year. At our store and at the stores I'd worked at in the past, we never "duped" customers. It's definitely not a corporate policy. Yes, we needed to sell used games to make a profit. But more important is customer loyalty, and that means being honest and upfront to customers. Now, some employees definitely aren't gamers and they aren't always aware of what DLC means. That may be the case with the employee who pushed the ME2 copy on you. Or they be genuinely shady. But that's one store, it's not the whole company.

 

[JediMB]

In fairness, the "Same experience, lower price" was probably true when that advertisement was around. "Removing" content from used games is a very new trend.

That's entirely besides the point.

Now then, I'd argue that calling a game an "experience" is rather irrelevant because that could be applied to any entertainment product out there. Hell, it could even be applied to car (driving across the country was certainly an experience).

I already said that the same standards should apply to other entertainment products.

But a car is primarily a form of transportation, and not a form of entertainment.

As for "dedicated retailers," I've seen them for all types of entertainment. Want used movies or CD's? Go to FYE. Want used books? Go to *insert local book shop or library.* Want used games? Go to Gamestop.

Turning in your used items for a personal profit is not a new idea.

I'm not against used sales per se.

You might have ignored that part, but I referred specifically to the business strategy that is encouraging your customers to trade their purchases back in as quickly as possible. No book store is ever going to encourage me to trade in the books I purchased last week so that I can get the new release at a reduced price, and the same goes for stores specializing in movies or music.

Libraries. I know libraries don't work the same way in the US as they do here in Sweden. Our libraries, which also carry CDs, DVDs and games, pay the publishers a set fee every time their product is borrowed from the library. This is a practice I encourage.

 

[Waif]

I had thought that the concept of DLC not likely coming with a used game, was common knowledge. Perhaps there are some people that can't fathom this? It's odd because it makes so much sense to me that used games won't come with DLC, how can people think that a used game will still come with everything? Heck, there are used games that don't even come with manuals, let alone DLC. Perhaps Gamestop thought that people were smarter than this, and it seems, they might have made a mistake there. As for the comment about how it's like selling a book with missing chapters, is a poor analogy. There is nothing of the core content missing from the game, DLC tends to be cosmetic or bonus material. So it's more like buying a book that doesn't have the shiny cover of the collectors edition. There's a lot more I could say about this, but maybe I won't lol.

 

[theevilsanta]

What a stupid lawsuit. I worked for Gamestop for years, and while the company was far from perfect, it never while I was there falsely claimed anything about DLC being included with used games. In fact, when customers asked pros versus cons for used/new, DLC was always mentioned as being a benefit of a new game unless you got super lucky and the person who traded the title in never used the code. It's not hard to figure out. People need to stop assuming things and just ask the damn employees if DLC comes with it. No one's being told to lie here.

Gamestop employees: They tell you to push used games, right? - even if the customer will lose the DLC that would have come free with a new addition. I mean, you can't lie and say you'll get the DLC anyway, but you are withholding information and trying to dupe consumers.

EXAMPLE: I went to Gamestop to buy Mass Effect 2 with my girlfriend. I wanted to get the new version because it was only a $5 difference. But when I came to the counter ...

Me: One Mass Effect 2 please. The new one.
Employee: Are you sure? You can get a used one for five bucks less.
Me: Nah. That's OK. I'll just get the new one.
Employee: The game's only been out for a week, this one is barely used. Pretty much a free five bucks.
Girlfriend: Just get the cheaper one! Don't be awkward!
Me: uhhh ... Yeah, ok. I guess I'll get the used one.

$15 of DLC later I'm out $10.

Now I agree people should be informed when they purchase and this was my fault. But I f'ing hate Gamestop for telling its employees to attempt to dupe the average consumer out of their money. I'll never go back again.

Used was the bulk of our business, yes, but we weren't told to lie. In fact, when games have big incentives for new, we tend to push the new. I'm actually a huge BioWare fan, so when customers came in looking for Dragon Age or Mass Effect, I told them the perks to new. If they were on the fence, I recommended they try out the used one. If they liked it, they could exchange it for a new copy within a week and get the full perks to DLC.

One of our shift managers was a big sports game fan. When EA started charging for online access, his first question to customers looking to pick up the game used was: "Do you want to play online?" If the answer was yes, he recommended the new version so they wouldn't have to pay for that access.

I was a manager for a store for over a year. At our store and at the stores I'd worked at in the past, we never "duped" customers. It's definitely not a corporate policy. Yes, we needed to sell used games to make a profit. But more important is customer loyalty, and that means being honest and upfront to customers. Now, some employees definitely aren't gamers and they aren't always aware of what DLC means. That may be the case with the employee who pushed the ME2 copy on you. Or they be genuinely shady. But that's one store, it's not the whole company.

Well good on you and your shift manager. I'm sure lots of good people at Gamestop make honest mistakes or like you inform the customer without having to be asked. But that experience soured me to the whole idea of buying new(ish) games used. I'll still stop in Gamestop to try and find an old Xbox or PS2 game I always wanted to play or whatever, but they've lost a lot of my business when it comes to games still being sold new.

 

[jaketheripper]

"Whoever appeals to the law against his fellow man is either a fool or a coward. Whoever cannot take care of himself without that law is both"

 

[Thedarkness77]

Seems rediculuse too sue someone over ten dollars, just mosre people out for money.

 

[BrionJames]

What kind of idiot does it take, to think "I'll buy this used game and get the free DLC that came with it when it was first released!" Honestly, the first rule about the majority of people who walk into Gamestop is that they don't read anything. I guess I'm not surprised people are so fucking dumb it's kind of depressing. I hope they waste their money and time, because this shit won't fly. Not that I really like corporations, because all they see are walking dollar signs, but people should think before they really try to get this stuff into the courtroom wasting tax dollars and time.

 

[JaredXE]

I would rather them get sued for their practice of selling opened (and played by the employees) games as new. No they're not new, they are used and should be marked that way.

 

[beema]

sweet sassy molassy this is awesome news
everyone needs to file frivolous lawsuits against gamestop as much as possible. shutemdown

the whole DLC/bonus content with new-only games is just a measure by publishers to try and stymie used game sales anyways. It's all BS from every angle.

 

[xXDeMoNiCXx]

Hell I know from pure logic that 99.9% of the time used games don't have the included extra content that a new game would. This is just a bunch of idiots crying over a small problem.

 

[Throwitawaynow]

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.

Bulletstorm Epic Edition:

"Access requires the single-use serial code enclosed with NEW, FULL RETAIL PURCHASE AND IS NON-TRANSFERABLE ONCE USED."

Dead Space 2:

"Access to certain online services also requires registration with the single-use serial code enclosed with new, full retail purchase. Registration for certain online services is limited to one ea account per serial code which is non-transferable once used."

Assassin's Creed Brotherhood:

"... such contents may only be unlocked one single time with a unique key"

These are just games in arms reach from where I am sitting.