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Used games bringing in lawsuits for GameStop - False advertising

Posted Mar 6, 2011 at 9:18PM EST by Mabie A.

Listed in: PSP, Wii, PS3, Nintendo DS, Xbox 360, PC Gaming Tags: GameStop

Article Index
1. Used games bringing in lawsuits for GameStop
2. False advertising

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Furthered the lawsuit,GameStop is guilty of falsely misleading their customers into believing that if they make the game purchase, they will still be able to unlock the exclusive content added in by the publishers.

gamestop-front "By advertising the additional downloadable content as being included with the game and by not informing consumers that they will not receive all the advertised features of the game, GameStop misrepresented and concealed material facts regarding its used games. This situation is analogous to selling a used book to customers without telling them that there are chapters missing."

One-time codes are fast becoming a staple in game releases, with publishers adding it as an incentive for gamers to purchase brand new games instead of getting second-hand ones.

This is not the first time that GameStop has been hit with a lawsuit like this. Last March of 2010, the retailer was also slapped with a suit by James Collins, a customer who bought Dragon Age: Origins from the store, only to find out that the DLC code promised on the box had already been redeemed. The case is still pending.

Via [IGN]

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Uh, I think both of you misread the article.

It's Gamestop's fault because they're repackaging used games as new. DLC code verification is just being used as proof.
This problem prevents you from getting their 10% discount, being able to return it within seven days, and obviously the DLC.

Kind of a big deal.

# RE: RE: RE: uh..not gamestops fault — Snaku 2011-03-08 05:11

The article says that Gamestop is repackaging games as new, but nothing in the actual quotes provided says that. I know Gamestop sometimes opens a game to use as a display and then sells it as a new game (which is crap), but that's not the same thing that's being talked about here and wouldn't affect the dlc codes. From what I can see in the quotes, it sounds like the used games are being sold as used, but Gamestop is advertising the codes as being included, which is unlikely. It's more likely that they're simply not doing enough to make customers aware that the codes aren't included).

Another possibility is that Gamestop employees are "checking out" new games (they did that back when I worked there but that was 12 years ago and I don't know if they still do it), using the codes (likely corporate hasn't become aware of exactly how serious the issue can be), and then the games are subsequently sold as new (yeah, even though employees take them home, they're still sold as new...or at least that's how it was 12 years ago). That would definitely be grounds for a lawsuit as there's a difference between using a unit as a display (which the customer is usually aware of when they see the employee sticking the disc back in the case), and letting an employee take it home for an undetermined amount of time. Personally, I think that if they open it, no matter the reason, they should sell it as used, but that's just my opinion.

# You can't be serious... — BlacKRaiN_666 2011-03-11 12:11

You're basically saying that Gamestop reseals the games in factory shrink wrap, which is beyond their ability. All new games come in shrink wrap genius.

# Yep! — Lethal_NFS 2011-03-07 00:55

I am a former assistant manager at Gamestop and we used to sell used games as new. We did this to keep our shrink down. We also would sell field destroy items as new items. Gamestop is very shady and the managers only care about their store numbers. If we were missing a new game we would take a used game out of the system and mark it as new.

# RE: Yep! — djPROFI 2011-03-07 20:25

Sounds like your store is just shady and dodgey and someone is stealing new games

# RE: RE: Yep! — Snaku 2011-03-08 05:17

When I was hired at Gamestop, the entire store had just been restaffed 'cuz all the employees had been fired for stealing. I was only there for a couple months, but I ran into one of my old coworkers a few years later and he told me that everybody we worked with, including the manager (the one they hired to replace the old fired-for-stealing one), had been fired a few months later for stealing. Seems it's pretty common. Maybe it's just cuz it's so easy--the whole "locks are there to keep an honest man honest" kind of thing, and there simply weren't any locks against employee theft.

For the record, I didn't steal anything (I'm devoutly religious or I might've been tempted) and I was adamant about making sure the customers knew exactly what they were getting if a game had been used as a display or something.

# Just like my earlier post — BlacKRaiN_666 2011-03-11 12:16

You can't mark a used game as new man, used games don't have shrink wrap on them. If I was to get a new game with no shrink wrap on it, I would simply return it and say wtf you gave me the wrong one. This whole things sounds like a misunderstandin g. I only shop at Gamestop when they have their buy 2 used, get 1 free though anyway. Usually I get games on ebay or amazon cuz theyre so cheap.

-4 # Idiots. — Ipadboy 2011-03-07 01:03

You goto Gamestop. You buy a NEW game that has a NEW dlc code or whatever thats included. You buy a USED game that has a USED dlc code or whatever included. What is so hard to understand about that?

I think im gonna go sue blockbuster because they rented me a USED DVD or my friend across the street because i bought this DC Universe game and the code doesnt work

+3 # Not the problem, — TheDestroyer 2011-03-07 02:12

The problem was, if you read it carefully, "the store leads customers to believe that the games which are originally sold with free downloadable content are also included". So in other words, false advertising, considering that the said lawsuit is telling the truth.

-4 # RE: Not the problem, — Ipadboy 2011-03-07 18:34

Quoting TheDestroyer:

The problem was, if you read it carefully, "the store leads customers to believe that the games which are originally sold with free downloadable content are also included". So in other words, false advertising, considering that the said lawsuit is telling the truth.

Are you fucking stupid? Did you even read what i typed? You buy a USED game which means everything inside the game is USED. When is the last time you walked into a Gamestop? If you carefully look on the box, it either says NEW or USED with the custom price.

Just because the OFFICIAL GAME BOX says your getting DLC doesnt mean shit.

The only way Gamestop will be in the wrong is if they personally tagged this USED game includes FREE NEW code. Thats the whole point of buying a USED game. USED Disc, USED Box, USED Code= Discount from NEW game.

Now what is so difficult to understand about that?

+2 # RE: RE: Not the problem, — TallicDeth 2011-03-08 01:25

Second sentence of second paragraph:

The store supposedly sells used games under the brand new section, thereby fooling buyers into thinking they're making a first-purchase.

ie They sold a used game as new, at the new game price. Or an employee stole/used the code out of the new game.

Either way that's still pretty f*cked up.

-3 # RE: RE: RE: Not the problem, — Ipadboy 2011-03-08 02:45

Quoting TallicDeth:

Second sentence of second paragraph:

The store supposedly sells used games under the brand new section, thereby fooling buyers into thinking they're making a first-purchase.

ie They sold a used game as new, at the new game price. Or an employee stole/used the code out of the new game.

Either way that's still pretty f*cked up.

Supposedly- There are 2 scenarios. They bought a USED game that was underneath the NEW section. Every single box clearly says USED or NEW.

They bought a NEW game and used the DLC code on their account, and now want to get an extra copy of it for their friend for free.

The only way the offense can win is if they have proof that the code was used before the Date of Purchase, otherwise they used the code themselves, or simply it just expired.

# RE: RE: RE: RE: Not the problem, — TallicDeth 2011-03-08 11:36

I'm guessing that the only way to discover which of these scenarios is the correct one would be to verify the customer's receipt, and see if the purchase price on it is $59.99 (or whatever the new price was) or the used price (usually the $5 less gamestop standard).
Also if the price sticker was labeled "New", or "Pre-owned".
I didn't see any copies of evidence attached to the legal PDF available through the IGN link.

If they sold the product at the New price, gamestop is guilty, if it was sold at the used price, the customer is "mentally deficient"

# You're the idiot. — hush404 2011-03-07 11:03

Did you even read the article? People are buying games from the store at full 'new' price expecting the DLC to work because it's never meant to be opened. What they get is a used copy who's DLC has already been claimed (still at full 'new' price) and gamestop letting on that the game is new and not used, thus making more money on the product and ripping off the customer.

Calling that custom an idiot is retarded.

- I myself don't shop at gs/eb, instead, I buy most of my stuff elsewhere and merely go to gs for cheap used games every so often.

# RE: You're the idiot. — djPROFI 2011-03-07 20:27

The only thing which can justify this lawsuit, if is the said GameStop store had a preowned game on show, stickered and priced as new.

But if the game was stickered and sold as preowned, then the customer is just stupid.

# You sir, have never been in a GameStop store. — Learn how to read 2011-03-24 00:29

You obviously have never been inside GameStop. On the game case (you know the one on the shelf) there is a sticker on the top right hand corner that has the price and it states whether the game is NEW or USED.

"The store supposedly sells used games under the brand new section, thereby fooling buyers into thinking they're making a first-purchase."

The article is saying the USED games are being placed on the NEW games shelving display.

I understand you have never been inside before so I will explain this as simply as I can.

The USED section is next to the NEW section.

I can't tell you how many times I see a customer pick up a game, examine it, and then put it back. But wait, he forgot where he picked it up from, possibly because he was either distracted or he made a last minute decision to get something else. What happens next you may ask? The customer, trying to finish his purchase, quickly puts the game back on the closest shelf he can find, the NEW section.

If you have ever noticed, GameStop takes all the discs out of the cases and stores the discs behind the counter and puts the cases on the shelves. This is a security measure to keep people from stealing. However, that is not necessarily the case for new games. If you ever take a case off the shelf that is labeled NEW, they will take the case and grab a new SHINK WRAPPED case, with the NEW disc from behind the counter or the back room. It's SHINK WRAPPED because it's NEW.

It's not GameStops fault if a customer can't read the sticker that clearly states the condition of the game and who obviously doesn't have critical thinking skills.

+1 # RE: Used games bringing in lawsuits for GameStop — liight 2011-03-07 01:23

So the moral of the story is, shop somewhere else for a new game. If you are buying used yet their used price is only 5 dollars less than new (even though they wouldnt give you crap for it compared to what they sell it for) go for new instead

+1 # Exactly — TheDestroyer 2011-03-07 01:58

exactly what I am thinking.. I never buy pre-owned at gamestop since it's kinda rip off to me. I would rather buy a new one seriously. >.< except well if it is decent price for a pre-owned but never seen one lolz.

# RE: Exactly — 15avaughn 2011-03-07 23:35

I once got an old pre-owned Sly Cooper and the Thevius Raccoonus for $3. Course they'd probably only give you a quarter or less for it if you traded it in

+2 # RE: Used games bringing in lawsuits for GameStop — Sword 2011-03-07 01:39

One time I asked for a game at the counter (the guy didnt ask me if i wanted new or used), and took a game case, then reached under the counter for a disc in a paper wrapper and put the disc in the case, and then stuck a "NEW" sticker on the case and sold it to me for five bucks cheaper.

The NEW sticker and not asking me if I wanted it used or new is very shady, and I'm sure there are parents out there that wouldn't understand it was used with that misleading "NEW" sticker on it.

They deserve to be in court for this. If your selling a used game don't label it as new. There should also be a clear label or warning alerting the buyer than any online codes would be invalid.

You know, there are a lot of non-gamers that buy games as gifts to friends or their kids, and they shouldn't be taken advantage of like that.

# RE: Used games bringing in lawsuits for GameStop — Mabie A. 2011-03-07 02:05

has any of you encountered the same issue?

# RE: Used games bringing in lawsuits for GameStop — pissonthem 2011-03-07 02:07

they suck... i payed 50 for a new game... a week later i came back and was going to sell it back because i finished it so fast... they said they could only buy it back for 4.50. so i kept the game >_>... you can suck my big left tough game stop.

+3 # .... — MADMAN-_-zZ 2011-03-07 02:20

I know about this, there is a 7 day return policy on new games and when people buy them use them and the codes they return them for a full refund and they shelf it new again, don't buy the game if it aint sealed

# thats why — japrep 2011-03-07 02:38

i buy used anyway so i dont get ripped off

# i ran into this — trigger_ftu 2011-03-07 03:53

i ran into the same problem a year ago. bought a new game for pc. NEW game for the pc went to install the game to find the cd KEY was already used and was considered "invalid" went to return the game and tell the guys of my issue to be told that they "cannot buy back used pc games". never bought a pc game from them again. only console games.

# Happened to me...funny thing is... — Jewboi 2011-03-07 09:39

I bought WoW there, for a 2nd account, and turns out the CD Key had already been claimed lol. I couldn't believe it, the fact that they actually BOUGHT the game BACK. Not only that, the guy literally accused me of taking the CD Key for myself and trying to return it.

It's scary how only 1 in 1000 gamestop workers actually know something about gaming and how games work...

+1 # RE: Used games bringing in lawsuits for GameStop — DaMan1900 2011-03-07 09:44

some ppl need to practice there reading comprehension on here, or read more carefully

.

Gamestop has always done this and that is why i dont buy anything from them that has not been release in the last 24 hrs (not to often either i dont like gamestop)

+1 # RE: RE: Used games bringing in lawsuits for GameStop — dumbfounded 2011-03-07 10:08

I agree with you, but because it's bugging me:

"some ppl need to practice THEIR reading comprehension"

+1 # haha — Jewboi 2011-03-07 10:56

^^^ It had to be said, considering his comment.

-1 # Intellect police — Jewboi 2011-03-07 10:38

You should go around correcting people's grammar, spelling, punctuation, and tell them to use search on forums.

+1 # RE: Used games bringing in lawsuits for GameStop — Walo 2011-03-07 09:46

I have experience that first hand. I have bought "new" games and found that they were used. They typically look for an unsealed display box and bring the disk from the "storage box" and they say that the display items are the last ones so they cannot give me a factory sealed one but they put a seal on it. The thing is, that seal doesn't qualify for a refund if you want to turn it back unopened as I found out once. I had to fight my way to get that refund.

Also a long time ago when the GBA was still being sold at stores. I sold mine to them only to find out a couple of days later that it was on "display" as a new unit. I never went to that particular store again.

# RE: RE: Used games bringing in lawsuits for GameStop — Horosha Onikage 2011-03-08 05:05

Whoever isn't taking back those games with our seal on them is just being a jerk. Many of the stores I know seal them like this and know that it's still a new game.

-1 # :) — Snipurr 2011-03-07 10:29

That's why u gotta sniff for the new game smell. Never fails :)

+2 # RE: :) — Walo 2011-03-07 11:30

The only way to make sure you get a new game is to check for the official seals and plastic wrapping(if it comes with it). If these are missing don't buy. Also don't buy any "display" items.

-1 # unfortunatly at Gamestop — TallE74 2011-03-07 11:28

every game would be considered used because they remove even new games from boxes and store them in paper sleeves in the drawer behind them in fear of "theft". many people have said it that game is not new if it has been removed by someone after the factory seal.Shady on Gamestop part!!!

+1 # true — ratix 2011-03-07 17:34

since then the gamestops i've been to only have one "Store copy" of said game removed from packaging and the rest are left factory sealed

# RE: true — TallicDeth 2011-03-08 01:35

True, but I usually only buy "new" on release day, when there is a stack of sealed games in plain sight on their counter. If I don't want it badly enough to buy it on day one, I usually wait until the used copies drop to "greatest hits" prices.

# RE: true — Kreationz 2011-03-13 18:05

Last time I bought a NEW game there they did indeed fill the display box with the "New" disc from a paper sleeve as it was the last copy, but I was given a discount on the game and although it said "New" on the box and the receipt. It was sold to me at a price between new and used. Gamestop is a multi-billion dollar business being run like a garage sale.

# RE: Used games bringing in lawsuits for GameStop — JoseCuervo17 2011-03-07 12:55

I buy ALL my games used from gamestop. I play them and pass them completely then I return them and say I didn't like the game. If there is a new game out there I wait for somebody to return it and then I buy it. Buy used games then return it then buy it again then return it. Keep doing this. I do it all the time! hahahaha

# RE: RE: Used games bringing in lawsuits for GameStop — PS360 Owner1 2011-03-09 08:49

Why not just rent the game instead?

# RE: RE: RE: Used games bringing in lawsuits for GameStop — Kreationz 2011-03-13 18:07

Buy+Refund = Free and Rent = Pay

I know several people that like to do this and s likely costing the gaming industry more money than piracy does, because these are paying customers.

+2 # ... — symbal 2011-03-07 16:21

I bought a monitor recently and they were out the back for like 10 minutes until i asked and they said it was ex-display but they wouldn't have said if i didn't ask and tried to sell it for full price, so i asked for new but that was last 1, so i asked to speak to manager and got 8% off. And to me any game that's done anymore than been behind the counter out the box is used and should be illegal to say different.

# WTF — platt 2011-03-16 03:12

Learn how to talk hillbilly....

# its not gamestops fault — ratix 2011-03-07 17:29

"to believe that the games which are originally sold with free downloadable content are also included when consumers purchase the same games used, when in fact the free downloadable content is no longer available."
from this statement alone i can see that buying used means getting said exclusive content for less money. no go thats not how it works.

"The problem is that some games being sold as brand new actually have the one-time code system, granting users perks and unlockable content. If this one-time code has already been used, then who ever gets the game again will have to pay additional fee just to be able to access the content that's intrinsically available with the code."
this article is about used games being sold that's supposed to have exclusive content not games being bought new and not having all the content there.

# RE: its not gamestops fault — liight 2011-03-07 19:45

its about you going there to buy a game that says new on it and what they give you is a used copy that has codes in it that are already used but you thought they were new so you were deceived

# RE: RE: its not gamestops fault — Horosha Onikage 2011-03-08 05:02

I'd say that those GameStops that are doing this are shady, I'm working at one myself. Like hell I'm gonna let anyone at our store pull any crap like this, either they'd get fired by the boss or it's HERO line time.

# RE: Used games bringing in lawsuits for GameStop — djPROFI 2011-03-07 20:23

It really all comes down to using your brain. If you're buying a preowned game then it means it has been used. And more than likely any DLC in the game has been used also.

And the quote about the chapters in the book being missing.....you're still getting the whole game, just not the extra content. Its like buying a book and not getting the free bookmark for example.

Now I work at an EB Games store and when games are traded in, we dont make new cases for them. We sticker them as preowed and put them on the wall. I dunno how GameStop do it in the US, but here in Australia we offer a 14 day return on all preowned so if a customer is unhappy with the game (ie, no DLC) they can return it and put it towards a new one, or a full refund.

-2 # RE: Used games bringing in lawsuits for GameStop — DeltaDAWG 2011-03-07 21:12

People need to learn how to READ.

"GameStop misrepresented and concealed material facts regarding its used games."

USED GAMES. Meaning they are NOT selling used games as new games. They are selling USED games as USED games. This entire issue is regarding properly marked USED GAMES however GS is also saying that used game has a download code. Well, no crap it does! However, whether or not that DL code is any good is a crap shoot. Odds are it's no good.

Anyone buying a USED game and is expecting the DL code to work is an idiot.

-2 # RE: RE: Used games bringing in lawsuits for GameStop — Ipadboy 2011-03-08 01:01

I think i just said that......

+2 # RE: RE: RE: Used games bringing in lawsuits for GameStop — DeltaDAWG 2011-03-08 13:15

Ok, good for you. I quit reading posts on this page because 99% of them was nothing but garbage. So now it was said twice. Maybe people will see "either or" and get a clue.

# Responding. — Richard45678 2011-03-07 22:12

Wow, It's ridiculous if half the stuff you people say is true. I am currently a gamestop manager and do NOTHING you have mentioned. Also, I heard people getting fired over stuff you're talking about.

I do agree with "Gutting" the game, I hate doing it. But seriously, take a sealed game and stick it on the floor. How long you actually think it's going to last? You know how many empty cases I seen stolen. I wish people would not bash all gamestops for something another did. It's not the company it's the manager.

Yea, some of the prices are low, but seriously dude, it's a company, with employees and bills, that's the way it work and some games aren't even worth 4.5 You might bought it new for 50 but that's from the company used it would probably never sell and the reason behind 4.5

i'm done and not actually defending the company cause they piss me off all the time defending my employee and store I run. We have fun,just try to laugh and joke all day.

# RE: Responding. — Horosha Onikage 2011-03-08 05:07

I agree wholeheartedly with the boxes, we get those stolen on a daily basis. Can't even figure out why, the thieves know that there's nothing inside them. That counts for our displays, too.

# RE: RE: Responding. — symbal 2011-03-08 06:35

Yeah it's probably because people download or buy a pirated copy so they steal the box so they display their's as genuine to make people think they actually spending money on games.

# Preorder — Lethal_NFS 2011-03-08 14:32

Unfortunately the only way to avoid being screwed by Gamestop is to preorder your game so you get it sealed up. You never know if the opened game is really new or not.

# RE: Used games bringing in lawsuits for GameStop — steveajames 2011-03-08 14:38

I had a Gamestop employee tell me that they rewrap games at the warehouse and sell them as new. You can bring back the game if it doesn't work correctly. He told me this after I bought a 'NEW' wraped game and found someone's notes in the game booklet. That was the last time I set foot in a Gamestop store. I am 61 years old and have collected games since 1988.

# RE: Used games bringing in lawsuits for GameStop — reylink 2011-03-08 19:14

Lol just the other day I bought Assassins Creed 2 used and it was brand new with a new DLC code and shiz

# RE: RE: Used games bringing in lawsuits for GameStop — PS360 Owner1 2011-03-09 08:51

The guy who played the game never bothered to download the dlc content, this is why you're able to use it.

# RE: Used games bringing in lawsuits for GameStop — PS360 Owner1 2011-03-09 19:46

GameStop's deserve to be sued, they are selling used games as "brand new".

What a rip-off, at least it's only available (GS) in US.

# Are Customers Really This Dumb? — BlacKRaiN_666 2011-03-11 00:20

Just because the box says there is a code inside doesn't mean you shouldn't use your common sense and suspect that there is a low chance that the code inside hasn't been redeemed already. Gamestop does not put used games in the new section either. The people of America are just getting more stupid every day, and there are always people looking for any reason to sue a corporation so that they can fill their greedy, stupid pockets. I've bought games with those codes inside knowing that they probably would not work and didn't even try them. I couldn't have cared less. I got the games for at least $20 bucks cheaper than the new ones anyway.

# RE: Are Customers Really This Dumb? — Derp00 2011-03-16 20:18

the article isn't primarily about the codes it's about new games being sold as used.

# RE: Used games bringing in lawsuits for GameStop — Jeeps 2011-03-11 11:26

I know there is some sense at GAmestop's Store layouts. Having USED PS3 RIGHT next to NEW ps3. But with them using ALL WHITE STICKERS for NEw and USed instead of the old way of WHITE new and YELLOW used. I can see how it can be confusing for some people. My opinion is that one side of the store should be all NEW and the other side ALL USED. It'd be much easier for customers.

As for them putting USED games as NEW I ABSOLUTELY believe it. Whether a code is used or not they do it all the time. Alot of people know NOT to buy a "NEW" game at gamestop if it isnt in the shrink wrap. WHY?? Those display copies can be taken home by the employees and played and then brought back and sold as new when it was clearly played and used. So it isnt new anymore. Its ridiculous.

# hahaah — kakashihatake18 2011-03-14 10:00

heres my opinion of game stop "power to the players" what a load a shit okay so what im about to say has nothing to do with the article but this is why i avoid gamestop or any retail pricing of games cuz when u buy a 60 dollars game they only give u 25 back what kinda shit is that? amazon or ebay i can buy a whole lot cheaper with free shipping too. gamestop is for buying used consoles and powersale games i suggest not buying at gamestops and never trading them in they wanted to give me 14 dollars for the first DJ hero WITH the turn table are u fucking kidding me?

# RE: Used games bringing in lawsuits for GameStop — BRADOCKI 2011-03-14 22:07

To people bashing Gamestop because of their greed in paying you a low price for a game fuck you, nobody forces you to sell your games to them. Now the publishers fucking people with this one time code for online play is just ridiculous, isn't 60 bucks enough already for a game? They have the guts of charging for a feature that should be in the game even if used. I Will never pay for a shit like that!

# Sir — DogBreath 2011-03-25 13:53

Has anyone thought about suing the people who make the games that run through Steam and cannot be sold & used second hand. There is no marking on the outside or the inside of the shrinkwrap and no window on installation that tells you it's yours forever!
There is no other product in the World that cannot be bought and sold with full functionality (even toilet paper could be washed and ironed...LOL)
I believe this is theft and at best deception or sharp practice. I now know why there is no phone number for Valve software and their email support is the worst on the planet, they don't want to talk to anyone.
Steam, the point is? I don't want to join a community, I don't want to play on line, I don't want my statistics stored, I don't want to receive details of so called special offers or any of the other bollocks they offer. I just want to buy a game and play on my PC.
Comments anyone, possibly Valve? yeah that'll happen

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