GameStop sued for misleading used game offer

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GameStop is currently facing a lawsuit for allegedly selling misleading used games. The retailer has been in the practice of profitting from pre-owned game copies by re-selling them to consumers who don't mind taking home pre-owned items with them for a cheaper price.

One such customer, however, is apparently not satisfied with GameStop's service. According to plaintiff Collins, the game he bought had an advertisement on the cover that additional character and quest content could be downloaded for free upon purchase.

However, he later found out that this was not the case and the he in fact had to pay an additional US$ 15 for the DLC. Doing the math, this would have him paying US$ 10 more than the cost had he bought a brand new copy of the game.

He tried to take it back to GameStop, but he was denied a refund, saying that he was past the seven-day return window.

It was not stated which game was this.

Source

 

[Deleted-171178]

I was thinking about this yesterday, I saw some game that had one of those gold "Free 48 hour Xbox live trial!" and I wondered if it would actually include it.
As I am a buy pre-owned game buyer I tend to buy games that I know are cheaper compared to the original (Resident Evil 4 without the case for £7.99?

) so I don't care if it's missing anything.
But it was pretty cool when I bought GTA4 and it came with the poster.

 

[RupeeClock]

You're serious?

You're SUING them because they screwed $10 out of you?

 

[Jamstruth]

They could have done with putting a sticker on it saying "DLC Codes used" but think about it you idiot. Its a USED game. Do you really expect the DLC codes in there to be valid?

Edit: As an example of how stupid this is. The first thing I did after getting my Forza Special Edition was register all the DLC and start it downloading. I assume anybody else would do the same including this guy (who obviously went to try and failed)

 

[Kaos]

Despite the fact that he should have realized the DLC was used, it still raises a valid point. What if the person buying the game didn't know how this kind of thing worked? Or it was a parent buying the game for their child?

Not everybody is knowledgeable in these things, and it shouldn't be too much to ask Gamestop to put a 'free DLC used" sticker on the game.

 

[Jeff88]

Not everybody is knowledgeable in these things, and it shouldn't be too much to ask Gamestop to put a 'free DLC used" sticker on the game.

Definitely that. People should stop assuming that everyone is all knowing about games.

 

[heavyknight]

Isn't this a bit much? All he did was not get "free" DLC from a used game. If it's cheaper than a new copy, then there'd have to be some drawback.

If it's used..you can't exactly expect everything a new copy has (like scratches and whatnot). I mean..games could fail to work. (Except for those times where you buy used games that have "like-new" conditions. That's just sweet.) The back of the disc gets checked at "good" GameStops, so you get to see it before buying, and then decide if you still want it..or if you're lucky, get them to show you another disc. (Yes, "good" GameStops actually exist.)

That and, wouldn't Monster Hunter 1 (PS2) be false advertising then? It 'used' to have online play, but the servers imploded. Does that mean Capcom is falsely advertising it? (Ironically, I was considering getting a copy, but never mustered up the money...and not long after, the servers shut down.)

The same goes for PSO, and PSU. (SEGA + online = scam which bites you in the ass in 3 or so years)

"Or it was a parent buying the game for their child?" - The normal parent would use $ for DLC, it wouldn't be that big of a deal. I don't see why they'd waste their time over $15...considering suing would take a lot more than that.

 

[Cermage]

this is why they don't do used pc games.

 

[injected11]

Not everybody is knowledgeable in these things, and it shouldn't be too much to ask Gamestop to put a 'free DLC used" sticker on the game.

Definitely that. People should stop assuming that everyone is all knowing about games.

Buyer Beware. If you're concerned about being ripped off, then you should be doing research before making a purchase.

 

[DeltaBurnt]

Not everybody is knowledgeable in these things, and it shouldn't be too much to ask Gamestop to put a 'free DLC used" sticker on the game.

Definitely that. People should stop assuming that everyone is all knowing about games.

Buyer Beware. If you're concerned about being ripped off, then you should be doing research before making a purchase.

This.

The flashcart retail stores don't do things like "Don't buy the R4, it has no official team anymore". You need to freaking research the facts and buy your product accordingly.

 

[PyroJames]

You're serious?

You're SUING them because they screwed $10 out of you?

If it was a small "mom and pop" videogame store, nobody would care. Gamestop however, is a large chain so they probably ripped off hundreds of thousands of people with this. For this, they deserved to be sued until they change their policy. It's not about the money, it's about the principle. Gamestop has always been screwy with their customers. I remember hearing some stores let their employees try new releases and then sell those used games as "brand new" to their customers...

 

[injected11]

I remember hearing some stores let their employees try new releases and then sell those used games as "brand new" to their customers...

I've personally witnessed this. A friend who worked there brought a game over for the night, then sold it as new in store next day (Metroid Prime 3). They also sell used discs with no flaws as new. They're really dishonest. This is why when they hand me a "new" game without shrink wrap, I tell them to find me one they haven't fucked with yet.

 

[DJPlace]

well that's good to know... also i bought a games but if you buy try to get the GH/BH DLC stuff don't bother buying used... just take the codes from the rental video store!! LOL

 

[outgum]

Despite the fact that he should have realized the DLC was used, it still raises a valid point. What if the person buying the game didn't know how this kind of thing worked? Or it was a parent buying the game for their child?

Not everybody is knowledgeable in these things, and it shouldn't be too much to ask Gamestop to put a 'free DLC used" sticker on the game.

when people hand/trade in games, they might not be able to verify if the DLC has been used the person trading it in could forget to mention it, or isnt sure as there friend borrowed it or its not there copy, THEREFORE, Gamestop CANT go check, else they would end up by using the DLC code themself, thus being impossible to sticker all of them, IMO.

 

[Gore]

Despite the fact that he should have realized the DLC was used, it still raises a valid point. What if the person buying the game didn't know how this kind of thing worked? Or it was a parent buying the game for their child?

Not everybody is knowledgeable in these things, and it shouldn't be too much to ask Gamestop to put a 'free DLC used" sticker on the game.

when people hand/trade in games, they might not be able to verify if the DLC has been used the person trading it in could forget to mention it, or isnt sure as there friend borrowed it or its not there copy, THEREFORE, Gamestop CANT go check, else they would end up by using the DLC code themself, thus being impossible to sticker all of them, IMO.

Then they can just assume DLC is used because it doesn't hurt a person to find out that they actually can get the DLC.
It's not like they would return it because they got more than was advertised.

 

[mucus]

the resell whatever they get back from the purchase.
if for some reason the original owner didn't use a gold membership, or a dlc content feature then it may be included with the game.
but it's not gamestop that is advertising it as such, it's the game makers that have made deals with whomever.
so the shit head who bought the game is the one responsible, he's being a bitch for even trying to sue them over it.

 

[syko5150]

the resell whatever they get back from the purchase.
if for some reason the original owner didn't use a gold membership, or a dlc content feature then it may be included with the game.
but it's not gamestop that is advertising it as such, it's the game makers that have made deals with whomever.
so the shit head who bought the game is the one responsible, he's being a bitch for even trying to sue them over it.

gamestop is responsible for removing stickers or anything that come on the boxes before they resell them unless the items stated are actually included it has nothing to do with it being used or new if an item is clearly stated as coming with something then they should give that item(unless clearly stated that it has limited availability such as pre-order items)...

 

[clonesniper666]

In all honesty they could just put a sticker or even a small piece of paper that says that extras, such as free dlc or,etc., may or may not work this way they are not liable since they covered that it may not work like a new copy would for the free extras. But then again Gamestop's are horrible for lieing about games and that is from a personal experience.

 

[syko5150]

In all honesty they could just put a sticker or even a small piece of paper that says that extras, such as free dlc or,etc., may or may not work this way they are not liable since they covered that it may not work like a new copy would for the free extras. But then again Gamestop's are horrible for lieing about games and that is from a personal experience.

if they just took the stickers off all together there would be no problem...if you buy a used game you should expect free DLC would have been used already there's no need for a sticker its just common sense...and also the reason gamestop has such bad service is because they hire people who don't really know anything about games and yes i'm sure there are some people out there who do work at gamestop and are well informed but I used to experience people who had no knowledge of games and would have a puzzled look on their face if you try to get any info out of them...i'm just glad there aren't any gamestops here in Japan.

 

[granville]

Gamestop is a truly retarded game store, at least the two locations near me are. I've had far worse trouble with them. I bought a defective DOA DS Lite (new in the box) from them and returned it the next day. It stated clearly on the receipt "defective products (new or used) can be returned within x-amount of days and be replaced or refunded". They refused to honor the return policy claiming that it did not cover "systems". No where on the receipt did it say anything about systems, it just said any product. As it was, Nintendo thankfully covered my ass there for free (Nintendo at least has great customer service, got a really nice dude there who was very helpful and understanding, even had issues with Gamestop before he said).

So yeah, stupid company. I've had worse problems from them without even counting false advertising. How about a Gamestop employee trying to convince me once that SEGA stood for Sony Entertainment Games of America, that Sony owned them, and we'd never see a Sonic game on a Nintendo console. All i wanted him to do was look up and see when Sonic Advance was coming out (already been announced and all). He wouldn't even do that though, too arrogant to believe anything but his own ignorance... :facedesk: