GameStop Sued Over Misleading Used Game Sales
GameStop many need to change the way it sells used games.
Thursday IGN reported that GameStop is now facing a lawsuit that alleges the company is "deceptively misleading" customers. The lawsuit, uploaded here in PDF format, says that the company is misbehaving because it's selling used games without informing the buyer that the downloadable content is not free.
Consumers who purchase a new game receive one-time-use-only codes to retrieve the free content (DLC) from publishers online. Those who purchase used games don't receive the same benefit, even if the used version is only $5 cheaper than a new copy. From a consumer standpoint, the minuscule reduction in cost is already a rip-off.
The current lawsuit centers on plaintiff James Collins. He purchased a used copy of Dragon Age: Origins for $54.99, a whopping five dollars less than the new, unopened version. He bought the game based on the advertisement on the box promising free downloadable content.
Weeks later he discovered that he would have to pay an additional $15 to grab the additional DLC. This would mean that ultimately he would spend ten bucks more than the new, sealed version of BioWare's RPG. Collins tried to return the game, however GameStop denied his request, stating that the seven-day return window had passed.
"GameStop, who makes more than 20-percent of its revenue and nearly $2 billion from the sale of used video games, is aware of this issue, and continues to fail to alert customers that this content is not available on used games," the suit states. "As a result, GameStop tricks consumers into paying more for a used game than they would if they purchased the same game and content new."
But who was really at fault here? GameStop charges a ridiculous amount for recent, used games. Most informed gamers know about the DLC rule when it comes to used titles-- this is a tactic used by publishers to reel in revenue. However GameStop should make an effort to inform the uninformed consumer by attaching labels or marking out the promise of free content on packages.
Or, GameStop should just simply lower the price of used games.
According to the lawsuit, Collins is seeking "restitution, punitive damages for fraud, and numerous other compensatory damages." So far GameStop has not replied to the allegations.
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Hope he wins, Gamestop= ripoff!!
Good! Used games are totally over-priced!
Im sick of hearing "Oh is that (insert relatively new game) for the ps3/xbox/pc, ill give you $5 for it... packaging alone is worth more. Sigh.
Go Lawyers
I think it should be clearly labelled. It seems like they're trying to "get away with" not telling customers what they're (not)getting, which is bad form in my books.
haha; just posted this on the othe Gamestop article...
i think the CEO of GS should do the Undercover Boss show LoL improve his lame stores b4 they go out of business.
Good intentions, but the case is a loser. Used is used is used. If I go to the dump and find a Cracker Jacks box, can I sue when there is no prize inside? Nope. Sorry.
That's why I w ill not buy used from Game Stop. No real savings for buying used games. I once saw used BK games go for the same price as a new BK games.
When are we no longer responsible for doing a little research? Im sure someone on the box it states that a code is given to download the DLC....
Why does every retard need to be protected from his own stupidity. If you don't like gamestop don't go. I think they should refund his $55 bucks and then he should get charged court costs.
Dumbass.
Gamestop's policy is a bad one, but why should this guy be entitled to punitive or compensatory damages in excess of what he paid for the used game? His loss is purely economical; he doesn't deserve to be put in a better economic position than he was before he bought the game.
Correct me if I am wrong, but wouldn't it be a bigger loss to the developers who receive NO compensation on used games at all? If anything, selling it 5$ less and having that massive profit gain without any money going to the publisher should be illegal in the first place.
All bar soap now must state that it will not remove syphilis gained from excessive Facebook F*cking...
I should sell Honda cuz I was not aware I needed to put gas in my car upon ownership. I should have been warned!!!
Personally I think you are already screwing yourself by purchasing a used game for $5 less than a new game. If you really need to save the money, you can buy the game brand new online with free shipping for even less.
Gamestop will be going the way of BlockBuster, me thinks.
I think both parties are at fault here.
Gamestop didn't actively put a "stupid warning" on its used boxes.
Mr. Collins went beyond his window of opportunity to return the product (if anyone else is like me, they probably install the day of purchase or a day after).
Furthermore, I would bet Mr. Collins knew about the one time use key and is contriving the story to make a buck off Gamestop.
I read the entire .pdf file and it sounds like Mr. Collins did a bit research regarding profit margins on resale (disclaimer: I can't determine if this was before or after the incident). The suit comes off as whiny and jealous in most sense.
I'm not trying to defend Gamestop here, but "restitution, punitive damages for fraud, and numerous other compensatory damages." c'mon...
If you don't like what they charge, go elsewhere. Steam had it on sale for 33% last week.
I maybe wrong, but I could have sworn when I bought my new copies of DA
and Mass Effect 2 that it clearly states somewhere on the back of the box...
**Free downloadable content avalible with new game purchase.**
I'm a PC Gamer so maybe my boxes were different but I'm pretty sure it states something on the box. Falls under buyer beware, it's not up to the retailer to inform the consumer unless its a controlled commodity like medication. If you buy used it's YOUR risk.
I blame EA for this, not Gamestop.
Their includable DLC crap is a total rip off for gamers.
lol I wonder what price you expect when a relatively new game gets traded in. 20 bucks used if its still 60 new? lol Usually when new games come out, its automatically worth HALF of what it's new price is. If it's a crappy, not so popular game, of course you'll get less, and it'll be cheaper used. It all depends on the popularity of the game and how many is traded in to gamestop.
If it's a hard to find game at gamestop, of course you'll get moer for it, and of course it'll be pretty expensive.. lol
Most of you that have grudges against gamestop and other video game retailers are usually the idiots who don't read the receipt on return policies, etc.
In this case, I actually hope Gamestop wins. While their new release used games are a ripoff, their older used games are generally fair. They also have a good return policy.
It doesn't say anything on the back of my box (ME2:CE) but it does say on the cards the numbers are on that they are one-time use.
You used to be lucky to get a manual or box with your used game before and this guy is whining over some DLC that he still has the option to get that he appears to want so badly.
It's not GameStop's fault he left it lying around for the entire return window and all they would really need to do is extend the current warning to cover the DLC.
"This pre-owned product is guaranteed to work and may not include an instruction manual or original box. "
hmmmm... does Gamestop send royalties the publishers/ distributors a second time? How does that work? Does the whole revenue stream go thru again from top to bottom? OR is Gamestop taking it all?
We can't tell how much he knew when he bought the game. We can readily assume he was ignorant, but not necessarily stupid. Just because we all know how the DLC works, doesn't mean that he did. Perhaps he was, or felt, deceived, but unless he's got eyewitness testimony that a Gamestop sales droid lied to him, there probably wasn't any malice; hence I agree that punitive damages are not appropriate. What ought to come of this is that Gamestop will be required to put a prominent label on all used games describing how they differ from new; i.e. what you don't get that you would get with a new copy.
I've always questioned who would actually buy a used game if the new game is only 5$ more...
I understand buying used games if they save you money, say 30$ instead of 60$, but really $55 instead of $60?
Though, you can't really blame game stop in that regard. If I owned a store and people would be willing to buy a used copy for near retail prices then I'd be selling them at the ridiculous prices too.
Supply vs demand, consumers dictate product pricing, not the retailers. The retailers 'suggests' a price, if the product sells then they've succeeded, if the product fails then the price generally goes down.
Yeah, but do they sell Crysis?
this was just EA`s attempt at putting DRM on a console game ... (DRM has always been about killing the second hand games market ... not to fight pirates as they would have you believe )... you cant put DRM on consoles because it is a closed system ... so the next best thing ship part of your game separately so only the first time users can get the full game ... sure you could pass part of that game to the next user but it will only be part of it ... unless you pay what EA`s makes roughly per game sale anyway ....
i knew this was going to happen when i read about their plans for the first time ... and i knew that the second hand game seller would get the blame as well .... i raely did see this coming a mile off ....
and for those who dont think i am correct ... ask yourself this ... how come these games usually have "free" DLC the day (or at least very close to the day) of release .... the answer is a simple one ... because those where bits of the game they simply did not ship with the disk so they can kill the value of the game after the first user is done with it ....
my 5c anyway ....
http://www.cheapcollegegamers.com/ [...] php?t=6617
some good cheap games here from GameStop's Game Days 2010 Sale List
but the question remains; do we get free DLC for these games?
I have a copy of Battlefield BC 2 for ps3, $50!!!!!
Get it while it's hot!
As a former GS manager, I can say that their profit margins appear higher than they really are. If the price to purchase from the supply chain were lower, then we would see new releases drop below the standard $59.99.
As it is, the supply chain prices aren't going anywhere. In fact, operational overhead is steadily increasing. A true profit margin would take into account more than the cost of a retailer to purchase the product. It would consider overhead.
Since Mr. Collins has a beef with GS, he is going to try to stay as far away from the facts as possible. Inflating numbers is the easiest way to prove an invalid point.
GS cannot be held responsible for a customer's ignorance. The only thing they should offer Mr. Collins is to buy his game for the used value. That's all he deserves. Anything more than that would be the result of GameStop's having pity on such a n00b.
I agree they should be made to clearly state that on the package. My son recently bought a used game with his mom and paid 54.95 for it. I would have just paid the extra 5 bucks and got a new one if I had been there, I don't game, but 5 bucks is no real savings anyway.
As a former GS manager, I can say that their profit margins appear higher than they really are. If the price to purchase from the supply chain were lower, then we would see new releases drop below the standard $59.99. As it is, the supply chain prices aren't going anywhere. In fact, operational overhead is steadily increasing. A true profit margin would take into account more than the cost of a retailer to purchase the product. It would consider overhead. Since Mr. Collins has a beef with GS, he is going to try to stay as far away from the facts as possible. Inflating numbers is the easiest way to prove an invalid point. GS cannot be held responsible for a customer's ignorance. The only thing they should offer Mr. Collins is to buy his game for the used value. That's all he deserves. Anything more than that would be the result of GameStop's having pity on such a n00b.
and now he is the manager of a Best Buy.
Don't sell your used games at GameStop, it's not worth the low price they pay. Instead use craigslist OR if you live in the middle of nowhere use eBay and start with free shipping and a 1 cent opening bid, then you will get bidders to fight over the price and you'll be much more likely to sell and for MUCH more than GameStop would give you.
Anyone who buys a used game thinking the DLC code is still good is an idiot. I have bought used games before and if the DLC is that important, I will check to see if it is still in there and whether it has been used, otherwise I buy new.
This lawsuit will be dismissed. Those "promises" for DLC are not being made by Gamestop but rather the publisher. I don't see them being held responsible for something they did not promise.
Wow im the luckiest guy ever, I always get "the last copy" of a game every time I used to buy at game stop. The clerk always takes the game from a bag and put it inside of the all worn off box in display and charge me full price. I have like 12 games from them and always the same drill. Thats why I buy at other places now. Developers always send display boxes for the stores, like the ones they use to announce comming soon games. Hope they loose and stop selling used games as new games.