GameStop Nailed With Class Action Over Deceptive Used Sales

Jul 11, 2008
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Well, all I know is that I've bought used games from GameStop that DID have the DLC available, I guess the previous user didn't redeem it. And sometimes it isn't. Just because the box of the actual game says that it comes with the DLC, doesn't mean that the store is responsible for telling people that it might not be. Nor can they actually TEST whether these cards have been redeemed or not.

Maybe the customers shouldn't be such gullable dumbasses.

I've even bought some used games that said they came with soundtracks. They didn't, big whoop, I paid for the GAME. Not the sountrack, and not DLC.
 

SL33TBL1ND

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Nov 9, 2008
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Ariyura said:
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.
While this is certainly true, how is a step in the direction of clarity not a good thing?
 

Lord Aronsworth

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Jul 20, 2010
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*facepalm*

You're buying a USED game. What the hell do these assholes want? If DLC for the flaming sword of fire or whatever is so important, throw a few more dollars in and just get it new.
 

Swifteye

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Apr 15, 2010
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Game stop must not have a strict customer employee policy for people to be so polarized in there dealings with the company.
 

Turing

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Dec 25, 2008
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Having been a Gamestop employee for several years, I can verify that yes, Gamestop certainly don't mind the customers assuming they get any keyed DLC in their used games, since Gamestop only makes money on used sales.
Also, there's a marked tendency in Gamestop for employees mostly having to "wing it" when it comes to customer interaction, as company policy, rules and regulations are taught on the job, while working, a couple of times a year, IF the topic in question comes up, IF your Area Manager is around to do so, IF anybody can be arsed to do anything.
I'm pretty sure I taught my last Store Manager more about Gamestop practice than our Area Manager ever did
 

Sampler

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May 5, 2008
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I was pretty miffed when I shelled out extra for Fable2 special edition second hand over the standard Fable2 which was also available right next to it only to find out the only difference was a code written on the non-existent manual that I'd've never been able to use anyway.

Am I going to sue? No, it's my own fault for making an impulse purchase rather than actually looking into what the differences are and whether they warranted the extra cash.

Though saying that I've spent more than that difference on a bucket of popcorn at the movies so it's not bank breaking amounts ;)
 

DTWolfwood

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Oct 20, 2009
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It gets a little more complicated when it comes to EA titles that require an extra $10 purchase to play online if a game is bought used, but GameStop already reduces the price of those used titles by a comparable amount.
What is comparable amount? Haven't bought at a gamestop in ages. So last i remember their used games are only -$5 cheaper than new <.<
 

direkiller

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Dec 4, 2008
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Turing said:
Having been a Gamestop employee for several years, I can verify that yes, Gamestop certainly don't mind the customers assuming they get any keyed DLC in their used games, since Gamestop only makes money on used sales.
Also, there's a marked tendency in Gamestop for employees mostly having to "wing it" when it comes to customer interaction, as company policy, rules and regulations are taught on the job, while working, a couple of times a year, IF the topic in question comes up, IF your Area Manager is around to do so, IF anybody can be arsed to do anything.
I'm pretty sure I taught my last Store Manager more about Gamestop practice than our Area Manager ever did
Like most stores selling a product is a higher priory then knowledge of said product
its nothing new its how most retail outlets work.
 

SnootyEnglishman

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Didn't someone try doing this to GameStop before and lose the lawsuit? I'm almost certain that the person trying lost the case. If i am wrong i would like to be corrected on the matter.
 

OliverTwist72

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Nov 22, 2010
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I'm not usually into conspiracy theories but I wonder if this suit is secretly being backed by big publishers to push Gamestop out of the used game market. Since they think it cuts into their profits so much.

I do agree that that the packaging is probably deceptive and not technically Gamestop.
 

Zer0Saber

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Aug 20, 2008
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Zachary Amaranth said:
LegendaryGamer0 said:
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.
I just checked a bunch of my included dlc games and they had that warning if the advertising was on the box. if it didn't have it on the box, it was on the dlc card inside the box.
 

mew4ever23

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That's interesting, because the gamestop I picked up Pokemon black at on Sunday has a disclaimer sign saying that DLC included with used games "May or may not be present"
 

jakefongloo

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Samwise137 said:
For fear of getting myself involved in a political debate I'm only going to say: "welcome to America"
ARGLE FARGLE FLAME!

No but really, are you referring that this is how buisness practices happen in America or how Gamestop sells in America?...Is Gamestop international? I think it is. Fuck it too lazy to check.

In a country as mass produced as we are alot of the people will try to outright lie in order to avoid paying for the product they now have. I would say somewhere between 4-9% of the people who buy let's say gas will then try to lie about recieving it. Just a bunch of fuck-ups cowardly children. These practices happen more from the consumer's fault then the retailer's.
 

ryukage_sama

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Mar 12, 2009
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I'm with GameStop one this one. The packaging says that DLC codes included in the package can only be used once, and GameStop is selling "USED" games. This is a classic case of buyer beware (or "Buyer, pull your head out of your butt and think").

Its more like buying a used car and expecting it to still have new car smell.
 

Ariyura

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Oct 18, 2008
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SL33TBL1ND said:
Ariyura said:
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.
While this is certainly true, how is a step in the direction of clarity not a good thing?
I don't believe clarity is a bad thing. It's the way they go about achieving that clarity.
 

AgentBJ09

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May 24, 2010
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Tom Goldman said:
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.

...

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...

Class Action Lawsuit - "A lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common legal claim."

Hmm. Usually, a lawsuit like this takes some time to grow and gain enough representatives to speak on it, even though only a few are speaking for the whole.

My question is this, though: Exactly how many people total are being represented in this case? The IGN article says three filed the lawsuit, but there have to be more.

Also, within that lawsuit PDF, the example games are...

4 EA titles - Dragon Age 1, Battlefield: BC 2, Mass Effect 2, and The Sabotuer
2 Harmonix titles - Rock Band 2 and AC/DC Live
1 Epic title - Gears 2: GOTY
1 Capcom title - Resident Evil 5 Gold
and 1 NBA Live title - The '09 copy

The nine titles listed in this lawsuit released from late '08 to early '10, so either this suit was being built over time, which could show some intent or bad practices by a few stores, or was put together within a few months.

Personally, I believe this suit will go nowhere. Unless they can prove unlawful intent, such as ads claiming this DLC was part of the game for a used sale, or that an employee told them this was up for download by buyers of used versions, then this suit has very little ground to stand on. It looks like a miscommunication between employees and customers in this case, not helped by the packaging of the games themselves.
 

theultimateend

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For a few cents per sticker (which they can comp from used sales easy) they could put a "downloadable content not guaranteed with this product" or something similar.

Stickers are amazing, they should be used more.

Seriously...why aren't we sticking things anymore? I'm saddened by this change.

ryukage_sama said:
I'm with GameStop one this one. The packaging says that DLC codes included in the package can only be used once, and GameStop is selling "USED" games. This is a classic case of buyer beware (or "Buyer, pull your head out of your butt and think").

Its more like buying a used car and expecting it to still have new car smell.
This is the holy grail of scents btw.

Plenty of car companies have tried to replicate the smell post factory to put into used cars because it (apparently) improves the response of the potential customer towards the vehicle.

Odd pants.

Anyone can call me out on this, I don't plan to cite sources, but it's been mentioned on multiple discovery channel and sciencey websites.