GameStop Sued Over "Deceptive" Used Game Sales

Echolocating

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Jul 13, 2006
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Anyone who goes out of their way to screw a publisher/developer out of $60 to save $5 deserves to pay more.
 

mechanixis

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Oct 16, 2009
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HG131 said:
TPiddy said:
HG131 said:
TPiddy said:
This guy hasn't a leg to stand on. It says right there on the box. Just like I didn't have a leg to stand on when Gamestop sold my pre-order because I didn't pick it up within 48 hours. It says so on my receipt.

It doesn't mean that Gamestop aren't complete DICKS for doing so, but it does mean that legally, in this case, as in mine, it's buyer beware. At least I got my deposit back, and went and bought the game at a retailer who's not a total douche.
What made you take 48 hours? I get them at midnight. I mean, you had 2 days. Why not go get it? They are open till 9 PM.
Because I have better things to do than wait in line at midnight for a video game. In this particular case I was out of town, called them beforehand to tell them I was going out of town, and they agreed to hold my copy for a week, then they sold it. They're assholes. And it wasn't like I put $10 down, I paid for the whole game... $90. And they still sold it. And lost a good customer in the process.

They're within their rights to sell it, but why tell me over the phone that you will hold it and then sell it anyways. There's a little thing called customer service and they are sorely lacking in that department.
Well, you are one of few gamers. Most of us are nerds who actually enjoy getting a game at midnight.
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.
 

DaxStrife

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Nov 29, 2007
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See, that's why I stopped buying used games at GameStop: they charge far too much. I wanted to pick up a copy of "LoZ: Twilight Princess" for my sister, who was finally getting into games and had always been a fan of the Zelda series. I figured the price would be pretty low considering the game had been released over two years ago, plus it would be a used copy.
Imagine my surprise when it cost $45, used, and the case was sticky like someone spilled syrup on it and forgot to clean it off. I found a new copy at another store for $48; I wasn't happy about the price, but I got it anyway.

If there's a price difference of only $5, or even $10, I'm buying the new copy just so I know it's going to be in good condition (or can be easily returned/refunded if it isn't). The point of buying a used game is to save money, and at Gamestop there's barely a noticeable price difference.
 

esperandote

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Feb 25, 2009
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That just takes common sense to figure out. Is like y buy a used 360, it rrod's and then ask MS for warranty because i just bought it.
 

dragontiers

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Feb 26, 2009
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mechanixis said:
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.
 

GonzoGamer

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AzrealMaximillion said:
GonzoGamer said:
HG131 said:
GonzoGamer said:
Why doesn't he just sue them for being irritating, price gouging, pricks: He's got a case there.
How? $60 is the norm. So, where is the price gouging? In fact $60 is fair. Would I like it cheap? Yes, just as I would like restoring a 50s Jeep to be cheap. Will either one ever be? No.
It may be the norm now but before gamestop started being more predatory retailers, used games used to be sold for reasonable prices all over the place.
Now a lot of the other sellers have hiked their prices up to their ludicrous prices. However, you can still sometimes find good prices on amazon or ebay.

The fact is that they made the used game market so that it's not only bad for publishers but its also bad for consumers.
The pricing is only high because publishers keep rising the prices of games. Activision raising the prices of MW:2 in the U.K. up 5 quid to see if it would sell just as well is a prime example of this. And as good as ebay prices are they still get you with shipping and handling on top of taxes. And it's only first party titles and games that sell really well that have a high "used price". A lot of the publishers still have control over "used prices" as well. This is why Heavenly Sword has been $40 used since it's launch. Lair is still $60 used (I live in Canada so all games come here $10 more than the US.) You'd be a fool to believe that publishers don't have at least some "used prices".
You missed my point. You should be saying as good as ebay prices WERE. Now ebay prices are closer to gamestop prices now where they used to be very cheap.

That's what price gouging is. Gamestop has managed to ruin a whole market.

It used to be worth buying used games because you could save $10-30 instead of $2 or 3.
 

Deathfish15

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Nov 7, 2006
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squid5580 said:
It wasn't unforseen. That is why they put in the *. Shouldn't the lawsuit be directed at EA though? It wasn't GS who packaged it. The end result would be the same sure but he might have a chance at some free swag. If EA wasn't bitter about him buying used.

It is stupidity like this that gives "gamers" a bad name.
No, it's not EA. Actually, it's Gamestop's responsibility for whatever they resell. If you buy a whole PC at a Pawn Shop and it's missing the HDD, do you blame HP for it or do you blame the reseller who sold you the used product? You blame the Pawn Shop (well, blame yourself for buying a used PC and not turning it on at the store 1st to see if it works). But, you see the point, right?


Gamestop has done this before. If a game is missing it's manual, they still charge the full price and don't cut it in the slightest for missing parts of the game's product. Missing it's case? Well, they'll give less money back to the person selling the used game to them, but they'll still charge it the full used game price that's equal to all their other used game prices. They scam as much as possible to get the most money out of their customers, and they even lie to them at the POS (point of sale).

I originally bought a subscription to Game Informer because the sales associate at Gamestop swore up and down that I'd get 10% off all my purchases there; boy was I fooled, as it was only 10% off of USED game purchases only, no new games, consoles, accessories, or anything else. And of course, because it was a magazine subscription, it was none refundable. So, I was stuck with a (luckily 6 months instead of 12) magazine coming every month without any useful bonus to me.
 

TheGuy(wantstobe)

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If this case doesnt get thrown out I would be surprised but considering the bad publicity this may get for GS in some media I could see them settling out of court and adding *DLC not available in box for used games* onto the bottom of the stickers they slap on insulating them against any further suits on the grounds of false advertising regarding Day 1 DLC plans such as project $10.

Considering the litigiuos nature so often heard of about the states though I am surprised this didnt happen sooner.
 

SurfKansas

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Nov 25, 2008
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TheGuy(wantstobe) said:
If this case doesnt get thrown out I would be surprised but considering the bad publicity this may get for GS in some media I could see them settling out of court and adding *DLC not available in box for used games* onto the bottom of the stickers they slap on insulating them against any further suits on the grounds of false advertising regarding Day 1 DLC plans such as project $10.

Considering the litigiuos nature so often heard of about the states though I am surprised this didnt happen sooner.
Very unlikely to get thrown out. For a suit to be thrown out, it must be demonstrated to be without merit. While this can be considered pointless and stupid, it is not without merit.

A judge could choose to dismiss the potential for punitive damages and refer the case to small claims court. But, to have the case thrown out, Gamestop would have to provide evidence that the customer was directly informed that the DLC missing from the game had a fair market value of $10 and the customer still purchased.

Most likely scenario is as you described - out of court, undisclosed settlement with a new in-store posting that new/used game price differences do not take "free" DLC into account.
 

samsonguy920

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Mar 24, 2009
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GameStop is a hive of scum and villainy, but this guy is bonkers if he thinks he stands a chance on this. Of all the things GameStop could get taken to court for, this isn't one of them. Hope he enjoys the bills his lawyer will be sending him when he loses. Will make $15 chump change. For a chump.
 

Pyro Paul

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Dec 7, 2007
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sweatm said:
Onyx Oblivion said:
No case.

This'll get thrown out. Asterisk power!

*************
Asterisk protects EA. There is possibility it could fail to protect Gamestop in this case. It comes down to the "reasonable person" standard in law.

For the "reasonable person" standard to apply here, it could be argued that:

* Gamestop sells both versions of the game and is aware of the differences
* Gamestop list comparison prices of new to used games, showing a $5 difference in price, knowing that the used game does not contain $10 of content included in the used game
* Gamestop sells opened games as new, so it can be confirmed to be aware of the coupon in the game
* Gamestop refused to refund the said game when the disparity of content was discovered.

It could be argued that a reasonable person buying a used game from Gamestop could make a reasonable assumption that the used game was identical to the new game in terms of content. By knowingly comparing the $54.99 version with the $59.99 version, it can be argued that Gamestop knowingly deceived its customers.

The kicker here (I'm making assumptions based on my local Gamestop) is the sticker on the used game that lists its comparison new game price. I have never seen any Gamestop indication on the box that a coupon is not provided.

Is this idiotic? Absolutley. Does this guy have a chance in court? Quite possibly.
the 'Reasonable Person' fiction is used to identify criminal negligence in parts of complex care or interaction between peoples and would have no say on this as it is mearly a question of common sense and comprehension.

it doesn't matter what Gamestop says or does in this instance.
his entire argument hinges on the single facet that the box itself is Unaltered, and that the unaltered box says:
'Free DLC inside!*'
(fine print)*with purchase of full retail.

out right ignoring the fine print he is claiming foul on the premise that the box detail claims 'Free DLC!' and was subsquently jipped on the promise.



the only chance in hell would he ever have a case would be if he was directly sold a 'Used Copy' under the deceptive premise that the copy itself was a full retail. this would be deception on the specific gamestops part and could stand up in court. but from the details, that isn't so.
 

scotth266

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Jan 10, 2009
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Andy Chalk said:
Did you see all the free shit that came with Mass Effect 2? If EA wants to dump a bunch of free stuff on me for buying new, you better believe I'll get in that line.
Is it a conga line? Because those are always hilarious. [http://www.youtube.com/watch?v=ZOMZGUpsjJE]
 

JeppeH

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Nov 18, 2009
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No surprices for the country that brough us classics such as:
"May contain nuts", "do not dry you baby or pet in the microwave" and "warning; content is hot"
Thank god the danish legalsystem has a "your just being stupid" rule.
 

Enkidu88

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Jan 24, 2010
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Well let's face it, Gamestop has had this coming for a long time. Surprised it took this long to get sued.
 

DeleteThisPlease

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Mar 26, 2010
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You know what? This is such bull$#!7.

This kid is going to lose, and is a major dumb@$$ for even trying in the firstplace. Anyone with even a HINT of a clue would know that you can't get the Free DLC or cool extra collectables by buying a used copy of the game, be it the 'collectable' edition or not.

You don't get the 'free' stuff by buying used. It's that simple. This kid is going to lose lots of money and GameStop is going to come out on top.