GameStop Sued Over "Deceptive" Used Game Sales

[squid5580]

It wasn't unforseen. That is why they put in the *.

But I don't think anyone at EA or GameStop expected that GameStop would be sued over what is essentially an EA initiative. An uproar was almost certain, but a lawsuit against retailers? That seems kinda left-fieldish to me.

Kinda? This is more unexpected than Batman falling on your computer!

He's in the wrong but...

I hope he wins.

Why? Why would you hope he wins in a ridiculous case such as this if you already willing to admit he's in the wrong? I can't see any reason why he should win or how his victory in this frivolous lawsuit could possibly be good for anyone.

Well, other than Collins, but what's good for him here isn't good for anyone else.

The enemy of my enemy is my friend, and I wish him well.

That normally ends up in a bad place. See: Soviet Union. Yeah, maybe we should have allowed Nazi Germany to kill them before dealing with the Nazis. See also: Saddam Hussein (The US gave him his weapons to help us out).

Dude I'm a red blooded American, we're all about the short term goals without considering the bigger picture.

Even so, it's just the one dude sueing gamestop (I will shed no tears is gamestop has to pay up) whats the worst that can happen?

above statement tempts fate^

I'll bite. This is my ripple of evil.

With Colin winning the case retailers of everything realize how non binding the reciept is. So to compensate for this every retailer forces every customer to fill out a hundred page form in triplet before the purchase is finalized. This form is not for every purchase mind you but for every individual item. Within a week the trees are gone since we have no time to recycle all that paper. And without trees we have no oxygen to breathe. And as the last person slowly dies from the lack of oxygen they think well at least there is sea life maybe someday humans will evolve again. And just as that thought crosses thier mind the earth turns into a fireball thanks to global warming.

 

[mechanixis]

That's not the point, the point is that sometimes shit happens. Maybe I have exams that week or a heavy load at work, and don't have the time to drive out to the mall. But at the same time, they keep releasing content nowadays that can only be acquired through a GameStop preorder. Which means once the game drops, you can no longer acquire it by other means. I doubt GameStop is really interested in anything like that, beyond the step-one 'How can we get customers to give us their money' reasoning.

So far the only real defense of GameStop I'm hearing from you isn't that they provide you with optimal service or deals, but that it's simply familiar to you.

As far as the pre-order bonuses go, I don't fully understand what your problem with it is. It's a promotional item. Much like when Blizzard releases special pet codes you can only get by attending Blizzcon, or buying the Special Edition of Lich King, or participating in some one time event. Once those things are over, the item is no longer available for purchase. The same thing goes for things like promotional cups at 7-11 or McDonalds. All sorts of businesses offer special, limited time promotional offers to entice you to buy something. The pre-order bonus is to encourage you to pre-order a game, which is a guaranteed sale in their book. Granted, selling it out from under you was wrong, but the idea behind the pre-order bonus is sound.

I agree with you on the theory. When it's optional bonus content, it works fine; I was enticed to pre-order Mass Effect 2 from Gamestop because it meant I got some cool looking armor and weapons. But in some cases, like Assassin's Creed 2, it's more as if they take content out of the game proper and deny it to anyone who doesn't preorder. Gamestop has come dangerously close to abusing preorder bonuses.

 

[MrJohnson]

Surely there's no case here?It says on the packaging that the free DLC is only for new purchases so how can this possibly be Gamestop's fault?Cheapskate should have just forked out the extra $5 and bought it new

The weird thing is that it isn't cheap to hire a lawyer or bring a case to court. This guy was really determined to make a quick buck, just like the person who sued McDonalds over hot coffee. Its ridiculous. This world is insane.

Why, oh why, do people always bring up Stella Leinbeck? She had solid grounds for her case. For more information, here's a link: http://www.caoc.com/CA/index.cfm?event=showPage&pg=facts

Why do we bring her up? Because she was in idiot! I read your link and still stand by my verdict. Its hot coffee, I don't care what temperature it's served at, it will burn. Don't be stupid, don't be clumsy, and don't bring it to court. Deal with it and get some aloe lotion!

Same here. She should have had hot MD coffee poured all over her for that case.

You're both fucking giant pricks that apparently didn't read the article, since that was fucking 195 degree coffee that burned the fucking skin of her goddamned THIGHS and CROTCH, and the damage required fucking skin grafting. That means it charred her skin. CHARRED IT. You know, like how a marshmallow does when you stick it into a fire for a second, except this happened slowly. So yes, no matter your defense, your both giant assholes.

 

[SMOKEMNHALO2001]

It's EA! They talked to their ingenuous marketing team, the very ones responsible for the Dante's Inferno ads. they hired a kid with promise of candy and free downloads, all he had to do was try and scare GameStop to showing them the power Project $10 could have, you know if cheap and broke gamers actually cared. My goodness, EA is at it again!

 

[Hiroshi Mishima]

He's in the wrong but...

I hope he wins.

Pretty much this.

But on the other hand, I do know how people feel buying a used game and getting a lemon. Not related to the Downloadable Content, because I usually refuse to buy DLC anyways as I often see it as lazy or greedy. What I mean is that GameStop often throws out manuals or even boxes. Look at their GBA/GBC/GB games. You could give it to them unopened in MINT condition. They'll open it, throw an unjust price on it, and stick the cartridge in that little shelving unit they have by the cashier. It's like.. wtf guys?

Oh, and ONLY allowing seven days to return it? What if it's a long game and/or you have a busy schedule and can't play through the whole damn thing and return it within 7 days saying "Yeah it doesn't work past X point in the game"? I know you run a risk when you buy used, and it's one of the reasons I didn't do it for a long, long time. But as games get more expensive, I'm having to buy used more and more. Because many modern games just don't appeal to me like the older ones do, or I don't have a new system so I have to buy used games.

On the other hand, content that should come WITH the friggin game, is contained IN the friggin game, but isn't accessible unless you use a one-time little code is freaking criminal in my eyes. I don't recall if the DLC for Dragon Age was like that, but I know other games have done it, and it infuriates me to see the greed.


EDIT: On the other hand, all of this could have been avoided if GameStop just had a more reasonable return policy that didn't expire IN A WEEK. That's like buying a computer not getting the extended warrenty and it breaking the day after it expires (regardless whether it was planned obsolescence or not), except in GameStop's case it'd be like buying a refurbished computer and then when it stops working in a few weeks and they tell you you're screwed. Why not extend the return policy to a month or something?

Mind you that could lead to people buying a game, finishing it, and returning it. Which is, I'm sure, why they don't do it. But still, the point is there. Not EVERYONE constantly trades in, sells, etc their games. I for one never trade or sell my games. I know I'll regret it instantly.

 

[PunchClockVillain]

So the question is be mad at the company for trying to make money by being dicks, be mad at the kid for trying to make money by being a dumbass, or both?

 

[CustomMagnum]

He's in the wrong but...

I hope he wins.

Pretty much this.

But on the other hand, I do know how people feel buying a used game and getting a lemon. Not related to the Downloadable Content, because I usually refuse to buy DLC anyways as I often see it as lazy or greedy. What I mean is that GameStop often throws out manuals or even boxes. Look at their GBA/GBC/GB games. You could give it to them unopened in MINT condition. They'll open it, throw an unjust price on it, and stick the cartridge in that little shelving unit they have by the cashier. It's like.. wtf guys?

Oh, and ONLY allowing seven days to return it? What if it's a long game and/or you have a busy schedule and can't play through the whole damn thing and return it within 7 days saying "Yeah it doesn't work past X point in the game"? I know you run a risk when you buy used, and it's one of the reasons I didn't do it for a long, long time. But as games get more expensive, I'm having to buy used more and more. Because many modern games just don't appeal to me like the older ones do, or I don't have a new system so I have to buy used games.

On the other hand, content that should come WITH the friggin game, is contained IN the friggin game, but isn't accessible unless you use a one-time little code is freaking criminal in my eyes. I don't recall if the DLC for Dragon Age was like that, but I know other games have done it, and it infuriates me to see the greed.


EDIT: On the other hand, all of this could have been avoided if GameStop just had a more reasonable return policy that didn't expire IN A WEEK. That's like buying a computer not getting the extended warrenty and it breaking the day after it expires (regardless whether it was planned obsolescence or not), except in GameStop's case it'd be like buying a refurbished computer and then when it stops working in a few weeks and they tell you you're screwed. Why not extend the return policy to a month or something?

Mind you that could lead to people buying a game, finishing it, and returning it. Which is, I'm sure, why they don't do it. But still, the point is there. Not EVERYONE constantly trades in, sells, etc their games. I for one never trade or sell my games. I know I'll regret it instantly.

Well, okay, what they do to GB/GBC/GBA games is stupid, but as for Gamestop's 7 day return policy? That's specificially if you don't like the game. Say, for example, you buy a copy of a Final Fantasy game used, play it, and decide that the battle system sucks so much that you can't bring yourself to play it. If it's within the seven days, you return it for a full refund. You have 30 days to return the game for another copy if it doesn't work.

 

[Mr. Mike]

People will sue for anything these days. It's ridiculous. And I doubt it's even worth it.

 

[ItsAChiaotzu]

Got to say, not a fan of random lawsuits, but anything involving GameStop possibly losing money is good in my mind...so conflicted.

Why do you hate them? I see them as one of the few large corporations that haven't ripped me off or lied to me. That gets alot of respect out of me, as I trust large corporations like I trust a Rottweiler-Pitbull-Great Dane-Bulldog Mix with rabies.

Ok, you've replied to this thread I count about 5 times on the first page, all to different people!

Why does it matter to you so much?

OT: The guy is mind numbingly stupid.

 

[Sakurazaki1023]

The packaging isn't deceptive, this guys just a lawsuit-happy idiot...

 

[Lim3]

Who didn't know about the free DLC? If you've read anything about the game you would know about the one-time DLC that came with Mass Effect and Dragon Age.

 

[Xanadu84]

So the morons who don't do the research should be rewarded? He doesn't just not know about gaming, he knows nothing about simple stuff like asterisks. That is something even 10 year olds know about. This guy probably knew and just wants cash.

What are you talking about? Asterisk on the box of the game says you get a code that gives you the DLC. It does not give you the DLC. The customers assumed that what he was told was true, and was, in fact, charged accordingly, and he did not get what he was promised. If I bought a car off of E Bay, and they showed me a picture of the car, brand new and sparkling, and was told that it was in perfect condition, and it showed up without wheels, I am not going to accept the excuse of, "I gave you a picture of a new car, and even if I charged you for a complete car, you should have realized that it might have come without wheels because it is used". The responsibility here is not on the the customer needing to research the latest marketing strategies of the publishers of games they may buy, in order to pick out deceptive, however unintentional, sales practices. The responsibility is on GS being honest with you about what they hand over to you when you fork over your hard earned cash. That's customer service on an absolutely most basic level.

 

[Dark Angel Warlord]

Good i hope he wins and it sets a industry standard to be honest and not deceptive

 

[Xanadu84]

You do know that this is a far stretch right? If I were to buy it used without knowing about Project $10 and not ever been on a gaming site I would ask an employee. Stuff goes missing from used games all the time. I would have taken the case up to the counter and said "I do get the DLC with this right?". It isn't even a question about his gaming knowledge. It is just common sense.

It is absolutely not a stretch to assume that a box that says, "Comes with DLC", comes with DLC. Yes, if they were more up to date on the latest marketing trends in the industry, they could have avoided this mess. The thing about not knowing about something is that you tend to not ask about it, because you don't know about it in the first place. What's common sense is that when you're selling something to people, you tell them what your selling them.