GameStop Nailed With Class Action Over Deceptive Used Sales

[Canid117]

Does no one read the box anymore?

 

[gphjr14]

Hope gamestop wins even though I never buy used games from them its not that hard to assume when I do that I'm not going to get DLC that was released with a new copy.

And I'm glad to hear about EA charging 10 bucks to gain internet content, now I know to just avoid their games all together.

 

[lemiel14n3]

One could hardly call me the biggest fan of gamestop, with the discovery of an alternative nearby I may stop going altogether. Their business practices are suspect at best, their used game market is nothing short of a scam, and they're one shit head employee away from being outright abusive to their customers.

But for this particular issue, I don't think the onus is on Gamestop. This seems like ignorance on the part of the buyer, not the seller. If they had asked a few simple questions, or if the publisher had included the phrase "if you buy it new" or something along those lines on the box then there would be no problem.

 

[Xannieros]

How can you add downloadable content onto a finialized disk?
I don't see how GameStop misleads people...
Now they may make people read a Terms and Agreements style form before purchase.

So when pushing this BS is half of their job, I'm not surprised that some stores would gloss over these inconvenient truths.

I doubt its part of their job, she probably got credit, or something for it.

 

[draythefingerless]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

 

[Ariyura]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

It's not illegal in the music and movie industry. And yes you're going to pay more for a film that just came out versus something that came out several years ago and is in the 7.99 bin. But it does happen. Just look at all the used movies and music FYE pushes.

 

[Sarah Kerrigan]

This is going on with me too. Everytime they claim I have money on my Edge card and gift card (they said I had $34 on my edge card and $45 on my gift card left) and when I went in to another gamestop they days later they said I had nothing.

Oh well...I'm still pretty pissed though

 

[draythefingerless]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

It's not illegal in the music and movie industry. And yes you're going to pay more for a film that just came out versus something that came out several years ago and is in the 7.99 bin. But it does happen. Just look at all the used movies and music FYE pushes.

I do believe, im not sure in this, that there are expiration dates that prevent stores from selling used movies or music CDs too soon, aka, the same trimester the product came out. Once the trimester is over, the copyright hold expires, and selling used stuff is allowed.
Or i might be completely wrong and thats not the case. Still, it would be a great thing to implement if it hasnt been done yet.


This system would be PERFECT for used games. I am not againts USED games, in fact its a market that helps flourish more n more titles out, given how AAA games clobber ads and smother all the minor releases. However, the system is being abused right now. Used games being sold the same week the game comes out? At nearly the same price? With ZERO income to the person who made it? Its wrong, ethically wrong. At least the 7.99 bin sells stuff thats old, and you cant find being made anymore.

For those saying Gamestop coming down wil make you lose jobs, dont worry. Automats will do that for you. Or do you think that only happens in the industry sector?(for examples: ATM, shopping inventories, Digital distribution, etc etc.).

 

[Ariyura]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

It's not illegal in the music and movie industry. And yes you're going to pay more for a film that just came out versus something that came out several years ago and is in the 7.99 bin. But it does happen. Just look at all the used movies and music FYE pushes.

I do believe, im not sure in this, that there are expiration dates that prevent stores from selling used movies or music CDs too soon, aka, the same trimester the product came out. Once the trimester is over, the copyright hold expires, and selling used stuff is allowed.
Or i might be completely wrong and thats not the case. Still, it would be a great thing to implement if it hasnt been done yet.


This system would be PERFECT for used games. I am not againts USED games, in fact its a market that helps flourish more n more titles out, given how AAA games clobber ads and smother all the minor releases. However, the system is being abused right now. Used games being sold the same week the game comes out? At nearly the same price? With ZERO income to the person who made it? Its wrong, ethically wrong. At least the 7.99 bin sells stuff thats old, and you cant find being made anymore.

Hmm maybe I just don't agree with it being ethically wrong. I, myself don't buy used games like that within it's first week but if someone is willing to buy it, then why not. That's a business. Sell as much as possible. But it's supply and demand. Same with cars, computers, books, and all the rest that can be traded.

 

[Devil's Due]

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.

I know the GameStop fellows on the military base, they're true gamers at heart and do an amazing job. Hell, they've even become my friends and known them for almost a year now. They know all the up to date games, and even sometimes help me save cash. Yup, even times where I'll walk up with a game ready to buy, they'll sometimes give me a "You sure? That game is... ehh..." sort of talk, and even if I say I'm not going to buy anything else other than that game, they'll still try to inform me if that game is crap or not. I should have listened to them the first time, as I did indeed buy an absolute crap game.

Every GameStop I've been to I've made informed judgements, because I'm not some clueless dolt who just listens to the guy trying to buy stuff. What they've always told me is sometime I've already known and agree with from a gamer's stand point, so I can see no foul play here. You guys must be getting all the crap stores with employees that don't care. I'm glad here in Washington state most of the stores actually take some really intense selective processes to find true gamers that know what is needed, and not for a quick buck.

Sum up: All this GameStop hate makes me laugh, especially with all these people trying to sue GameStop because they can't research before hand. It feels like the Car Dealership all over again. "Why am I so unsatisfied with my car...? I didn't do any research before hand, it's only a car afterall..." Same goes for housing.

 

[draythefingerless]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

It's not illegal in the music and movie industry. And yes you're going to pay more for a film that just came out versus something that came out several years ago and is in the 7.99 bin. But it does happen. Just look at all the used movies and music FYE pushes.

I do believe, im not sure in this, that there are expiration dates that prevent stores from selling used movies or music CDs too soon, aka, the same trimester the product came out. Once the trimester is over, the copyright hold expires, and selling used stuff is allowed.
Or i might be completely wrong and thats not the case. Still, it would be a great thing to implement if it hasnt been done yet.


This system would be PERFECT for used games. I am not againts USED games, in fact its a market that helps flourish more n more titles out, given how AAA games clobber ads and smother all the minor releases. However, the system is being abused right now. Used games being sold the same week the game comes out? At nearly the same price? With ZERO income to the person who made it? Its wrong, ethically wrong. At least the 7.99 bin sells stuff thats old, and you cant find being made anymore.

Hmm maybe I just don't agree with it being ethically wrong. I, myself don't buy used games like that within it's first week but if someone is willing to buy it, then why not. That's a business. Sell as much as possible. But it's supply and demand. Same with cars, computers, books, and all the rest that can be traded.

Thats why i said ethically wrong. You are basically ripping off/exploiting someones work. In terms of business, it makes sense. GameStop found a cheap and easy way to make profit. congrats. But there is no such thing as ethics in a capitalistic society. ...

 

[Ariyura]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

It's not illegal in the music and movie industry. And yes you're going to pay more for a film that just came out versus something that came out several years ago and is in the 7.99 bin. But it does happen. Just look at all the used movies and music FYE pushes.

I do believe, im not sure in this, that there are expiration dates that prevent stores from selling used movies or music CDs too soon, aka, the same trimester the product came out. Once the trimester is over, the copyright hold expires, and selling used stuff is allowed.
Or i might be completely wrong and thats not the case. Still, it would be a great thing to implement if it hasnt been done yet.


This system would be PERFECT for used games. I am not againts USED games, in fact its a market that helps flourish more n more titles out, given how AAA games clobber ads and smother all the minor releases. However, the system is being abused right now. Used games being sold the same week the game comes out? At nearly the same price? With ZERO income to the person who made it? Its wrong, ethically wrong. At least the 7.99 bin sells stuff thats old, and you cant find being made anymore.

Hmm maybe I just don't agree with it being ethically wrong. I, myself don't buy used games like that within it's first week but if someone is willing to buy it, then why not. That's a business. Sell as much as possible. But it's supply and demand. Same with cars, computers, books, and all the rest that can be traded.

Thats why i said ethically wrong. You are basically ripping off/exploiting someones work. In terms of business, it makes sense. GameStop found a cheap and easy way to make profit. congrats. But there is no such thing as ethics in a capitalistic society. ...

But its just not gamestop, this is happening across many mediums. Its like saying when I drop off the bestsellers at the used book store down the street and they turn and sell it for a good amount, they're doing something ethically wrong. I don't believe it is.

 

[Exort]

I agree it is quite deceptive.
I mean $55 + 10 is more than a brand new copy.
One would think a used copy should be cheaper, and GameStop does nothing about notify it's cosumer.

 

[ZombieGenesis]

I've often wondered how this 'one use code' thing would work in regards to game rentals...
Like Gamestop is going to care, seriously. Even if they lose they just have to put a sticker saying 'Project TenDollar Applicable' on the box and the courts can't deny they have informed their customers.

 

[Netface]

I kind of felt mildly tricked recently. My wife and I went to Gamestop and she decided to buy me a game to play while recuperating. I chose my game, Dead Space 2, and she took it up to the counter while I continued to browse. After a moment she asked me if I wanted a used copy for $15 less and I said sure, i don't care, not even thinking about it. Why make her spend $60+ when she can spend $45 and tax? Wasn't til I got home that I realized that I couldn't access the online stuff without paying another $10 anyway. It's not a big deal, because most likely I never would have utilized it anyway. However, the cashier did NOT mention to my wife that she was purchasing a game with "less product", let's say, when purchasing a used copy.

He should have let her know and then she could have asked me or made an informed position. Instead, I wasn't paying attention and I said do whatever, so of course he sold her the used copy.

He definitely either either wrongly assumed she knew all about what she was buying or he glossed over the facts due to her naivete.

Just to recap:

You bought a game at a discount, then found out later (because you weren't paying attention at the time) that it didn't come with a feature that you weren't going to use anyway, and even if you were going to buy said feature the total price would still be discounted or do an immediate return and apply the money towards a new copy, and GameStop is somehow the bad guy in this story.

 

[Netface]

Wait, WHAT?! I didn't know this before? You had to pay 10 extra bucks if you buy used EA games? Doesn't that just kill the purpose of used games? Add that to the fact there isn't any fucking MULTIPLAYER (and that's a bad thing considering they have Battlefield) and you get someone that's getting pretty darn close to being as manipulative as Sony or Activision.


I'm never ever ever buying an EA game again cause I just realized that bullshit. As for Bioware, DICE, and the Sims I'll just go with Steam.

BioWare, DICE and the Sims are all published by EA, and they share the same system, also known as , Project 10$.

On the other hand, the used games you buy, gives 0% money to those publishers. In laymans terms, someone paid full price for the game, the publisher got his cut, then they gave the game back to GameStop, who is now reselling the game, under the label of being used, at nearly the same price, but this time, no royalties are paid to the people who made it. This i believe, is illegal in the music and movie industry, or if it isnt, it is sold at a fraction of the original price(usually what ammounts to the cut the retailer would get from a new sale).

So in the end, when you buy a used game, you are paying someone for sth that isnt theirs. So if someone made that product, and is now seeing it be sold without getting ANY income from that, basically losing money, why would they support that system? You blame EA and all the other publishers for basically being against sth that is harming them? They are just doing the same policy of profit GameStop is operating in.

It's not illegal in the music and movie industry. And yes you're going to pay more for a film that just came out versus something that came out several years ago and is in the 7.99 bin. But it does happen. Just look at all the used movies and music FYE pushes.

I do believe, im not sure in this, that there are expiration dates that prevent stores from selling used movies or music CDs too soon, aka, the same trimester the product came out. Once the trimester is over, the copyright hold expires, and selling used stuff is allowed.
Or i might be completely wrong and thats not the case. Still, it would be a great thing to implement if it hasnt been done yet.


This system would be PERFECT for used games. I am not againts USED games, in fact its a market that helps flourish more n more titles out, given how AAA games clobber ads and smother all the minor releases. However, the system is being abused right now. Used games being sold the same week the game comes out? At nearly the same price? With ZERO income to the person who made it? Its wrong, ethically wrong. At least the 7.99 bin sells stuff thats old, and you cant find being made anymore.

For those saying Gamestop coming down wil make you lose jobs, dont worry. Automats will do that for you. Or do you think that only happens in the industry sector?(for examples: ATM, shopping inventories, Digital distribution, etc etc.).

GameStop's yearly profits equal about 5-10% of the profits of publishers (EA, Ubisoft, Activision, etc.) alone.

Please, tell me more about how the games industry is suffering under the cruel yoke of the used games market.

 

[00slash00]

wait so people are expecting gamestop to put fresh dlc coupons in used games. i agree that gamestop is evil, but this is just stupid

 

[Something Amyss]

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.

So one example "if you remember correctly." And the inability to name one.

Yeah, bad counter to "not all games do."

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.

And again...

I think people are missing the point here. I never said NO other game did it. And yet, I'm inundated with lazy logic and token examples, especially when from people who "think" that it's the case on a game.

So...We're up to five games that do. Or six. I don't know. Given the volume of titles with bonus DLC I don't care, as it's still a drop in the bucket. Is this the only thing people can latch onto?

Oh, probably.

The newest Smackdown V Raw, at the time this is out, has no such information that I can find on my box. It's possible, though I can't check, that this information exists on a sticker on the original wrap. But if you're buying the game used, it probably doesn't have the shrinkwrap on it. Just a hunch.

Again, not all games explicitly state this. Since not all games explicitly state this, there is a problem. SVR includes their own version of an online pass. I got mine new, I got the pass, I got online. I still feel burned that it even exists, but the point really isn't me. It's that these people might not be lazy or stupid or whatever.

Perhaps the companies themselves should be targeted instead of Gamestop, but there ARE examples of poorly marked or unmarked titles. That should go out to the above people who were citing examples of marked games. You can rifle off a ton of titles, but unless it's all the titles, the claims are potentially valid.

False advertising, well lets see. Gamestop, other than a few unknowledgeable employees does not go out of its way to say We sell used games with DLC, no they sell used games. And in fact you can return it if you're not satisfied with your purchase. It's not lazy. It offers a consumer a way to get their money back if they do not like the quality of the object they've received.

Consumers should be aware of whom they are giving their money to and the product that they are receiving, but yet in turn you exemplify a consumer of all responsibility here, when they should be just as responsible.

STILL. DOES NOT IMMUNISE ONE FROM FALSE ADVERTISING.

Consumers should be aware. That doesn't mean that a company doing something wrong isn't doing something wrong.

And that's what this court case is about. Whether or not they did something wrong. That one can return it

Stop being so dishonest. Or lazy. Whichever.

Whoah, no need to be hostile mon, seet bock and drink sum leemonaade.

It's not hostile, it's emphasising a point. "settle down" is not a defense for lying. Sorry.

Also, good job. A box art I can't read on my laptop's monitor to prove...What? Maybe the Escapist resizes it but I can't read it. Which leads me to believe the EVEN BIGGER LETTERING!!!! claims are, well...False.

Unless one is splitting hairs, and it's 6 point font over 5.5 point. I don't know.

 

[Something Amyss]

WHOOPS! My bad. There's a single line that you MAY need a single-use token to access online features.

In the Copyright block.

Arthur Dent, eat your heart out.

 

[Grabbin Keelz]

Just give the customers their money back and move on, jeez do we really have to settle everything with a lawsuit?

As for me, I got Steam baby.