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GameStop sued for selling used games without DLC photo

We all knew that one-time DLC codes packed into retail games was nothing more than a tactic to combat used games, but it appears that the strategy may have over-achieved. A furious customer has filed a lawsuit against GameStop after he bought a used of copy of Dragon Age: Origins and couldn't obtain the content promised on the box. 

James Collins bought a used copy at a $5 discount, claiming that he expected all the content promised on the box. When he took the game home, he obviously found that he couldn't access the content, as the code was either redeemed or outright missing. He bought the content instead, ironically paying $10 extra for his game instead of $5 less. Apparently, that pisses customers off.

"GameStop, who makes more than 20 per cent 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," explains the suit. "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."

Whether Collins knew that the codes wouldn't be redeemed and is trying his luck, or whether he was genuinely fooled, it does throw up an interesting issue that I'm surprised hasn't already occurred. It's in GameStop's best interest to sell used games, but GameStop clearly doesn't want to tell you that you'll be paying a little less for something that might cost you a lot more. Sounds like some new policies might need enacting if this suit gains ground.

GameStop Sued Over Deceptive Used Game Sales [IGN]








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72 comments | showing # 1 to 50
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next 50 comments

MrJack798's Avatar - Comment posted on 03/26/2010 11:01
MrJack798
Wow...people would do anything do earn some money these days.
Dv8thwonder's Avatar - Comment posted on 03/26/2010 11:06
Dv8thwonder
Jim is always stuck at home. Never allowed to go to the ball.
Tubatic's Avatar - Comment posted on 03/26/2010 11:07
Tubatic
ah well. looks like we'll be seeing more generic boxes from GameStop. bummer.
Sexualchocolate's Avatar - Comment posted on 03/26/2010 11:08
Sexualchocolate
Ooooooooh, was wondering when this would come up.

I fully support the whoole DLC for first time purchase thing, think it's a brilliant way to secure proper purchases over pre-owned.

It's the retailers that need to change how they work to get around this, games with free DLC for new purchases need to be worth less trade in and cost less preowned, also Gamestop may need to put stickers on the boxes or something.

Tough for them, but 20% mark up on pre-owned games, they can fucking suck it up, man up Lamestop.

Rules and Guidlines required.
Vorbis's Avatar - Comment posted on 03/26/2010 11:08
Vorbis
This can only be a good thing, paying $5 less for a used game has always been a dumb idea. Maybe with this new DLC tactic they'll lower it to $15 off to cover the cost of the lacking content.
Turtlehermit's Avatar - Comment posted on 03/26/2010 11:08
Turtlehermit
Why the hell to video game companies complain about used games?
You don't see car companies complaining about used cars.
VGFreak1225's Avatar - Comment posted on 03/26/2010 11:09
VGFreak1225
And yet when Anthony bought The Saboteur brand new, he didn't get his DLC because someone had already opened the box and used the code, and nothing happens...at least, I don't think anything happened. How did that turn out anyway?
sickNasty's Avatar - Comment posted on 03/26/2010 11:09
sickNasty
I'm disappointed by the lack of bowie in this header image.
UntidyDubs's Avatar - Comment posted on 03/26/2010 11:10
UntidyDubs
No Bowie
Oishidesu's Avatar - Comment posted on 03/26/2010 11:12
Oishidesu
Ok? Haven't he heard that the DLC was for the "New" copies only? This guy must not have Internet, has a life *everyone here at Destructoid has no life XD*, or just plain retarded.
killatia's Avatar - Comment posted on 03/26/2010 11:13
killatia
This guy had 7 day to return the used game for a refund, but failed to do so.If he had done that he would have used the refunded money plus another $5 plus tax to get a brand new copy with a guaranteed free dlc code for Dragon Age. This guy is just trying to fool the Jury to get some free money.
Space Moose's Avatar - Comment posted on 03/26/2010 11:18
Space Moose
Fuck EBGames, I had a bunch of games laying around and was interested in seeing what I could get for a trade in value and this is what the offered me.

Fable 2 - 2 dollars
Borderlands - 20 dollars
Fallout 3 - 7 dollars
Lost Odyssey - 7 dollars

I was like yeah I think I'll keep them lol
SnatchTease's Avatar - Comment posted on 03/26/2010 11:20
SnatchTease
Oh shit, this guy actually has standing ground for his lawsuit because what's printed on the box constitutes as false advertising,
Jumbo's Avatar - Comment posted on 03/26/2010 11:24
Jumbo
If you're in the business of selling used goods, you should be in the business of explaining what is and isn't included in those used goods. The store should've just said, "Dude, you're gonna have to pay extra for Zaed" or put up a sign that says "Used games do not include DLC extras". Problem solved.
Nozomu's Avatar - Comment posted on 03/26/2010 11:24
Nozomu
Unless the boxes differ greatly from country to country, I'm "afraid" to say that they explicitly say that the DLC code included is a one-timer. Clearly someone buying a *used* copy has the necessary understanding to figure out that the v-card of the DLC is gone.
UntidyDubs's Avatar - Comment posted on 03/26/2010 11:26
UntidyDubs
@TheToiletDuck

Yes!
ryuken's Avatar - Comment posted on 03/26/2010 11:26
ryuken
I got a used saboteur game (the only one in stock) and the codes inside worked, same with operation flashpoint. it is funny though how much is he asking for his 5 bucks back ha!
Corak's Avatar - Comment posted on 03/26/2010 11:26
Corak
Keep in mind people can not read things right, he might not have known he could return it, normally software sales with new games are final. He may have thought that was true here and didn't want to sell it back to Gamestop at a loss. A long shot and not grounds to sue but I could see it happening having worked in retail. All that aside I was wondering when this would come up. If nothing else comes out of this hopefully Gamestop will put a sticker on used games explaining this, or have a better practice in place so employees can educate customers better when they purchase a used game that had bonus DLC that won't be available.
SKSith's Avatar - Comment posted on 03/26/2010 11:27
SKSith
He should have just returned it. They give you 7-days to return any used game.
Jim Sterling's Avatar - Comment posted on 03/26/2010 11:29
Jim Sterling
TheToiletDuck:

Thank you. Thank you.


Thank you.
teke367's Avatar - Comment posted on 03/26/2010 11:30
teke367
Don't know if the Gamestop employees mentioned the return policy. When I buy a game from there that is all they talk about. I went to buy Left 4 Dead, and I wanted the new copy because it already had the extra campaign (I have a 20GB drive, so I would rather keep things on the disc if all else is equal) and it was only $1 more. All they said was "b.b.but the return policy". I pretty much had to yell at the guy to just sell me the damn new copy.

So I would assume the kid new about the return policy, but who knows? If they left that part out, then the kid has a right to be pissed.
sickNasty's Avatar - Comment posted on 03/26/2010 11:31
sickNasty
good save toiletduck/jim!
Comrade Snarky's Avatar - Comment posted on 03/26/2010 11:32
Comrade Snarky
Even if this case comes out in the buyer's favor, retailers will just start throwing fine print onto the box (or will lobby publishers to do so, since it's in their interest to stress that DLC codes are a one-time only thing anyway), and that will be the end of it.

Not exactly earth-shattering stuff.
PappaDukes's Avatar - Comment posted on 03/26/2010 11:33
PappaDukes
Hey, this actually gives me an idea. I just received my copy of Dragon Age: Origins from goozex, and i requested the Full Package option. I got the game, and the code, but it was non-redeemable. So I can sue the shit out of Goozex AND the dude who traded me the game! 2 birds, one fucking stone!
vodshuggah's Avatar - Comment posted on 03/26/2010 11:35
vodshuggah
Man, this guy makes me hate myself for being from the U.S. It's a greedy money grab, he has a week to get his full money back if he is dissatisfied with his used product, ridiculous
PvPPY's Avatar - Comment posted on 03/26/2010 11:49
PvPPY
I normally get pissed at this sort of thing, but in this case I that guy (and all of us, by extension) ends up at the top.

I hope this gets GameStop to sell used games for better than $5 less than new. WHAT CRAP. GameStop makes way more money than they're entitled to from that, and it puts used games just as far out of reach of poor gamers like students and all.
tenz's Avatar - Comment posted on 03/26/2010 11:51
tenz
I'm with gamestop on this one, no way this guy gonna win this, like you all said above, used games have 7 days for refund. And he should of done that the idiot.
mopuddin's Avatar - Comment posted on 03/26/2010 11:53
mopuddin
what's up with all the bowie photochops today? cool nonetheless.
Mechman's Avatar - Comment posted on 03/26/2010 11:56
Mechman
Well on the one hand, it IS a somewhat frivolous suit. On the other hand, they ARE overcharging. A $5 discount for a game missing $15 of content?
RenegadePanda's Avatar - Comment posted on 03/26/2010 12:05
RenegadePanda
This is stupid. Supporting new buyers with extra content is great, I fully support it, but in reality you're paying for the game and getting 15 bucks of extras for free. So buying used and missing said content is not a cause to sue, it's just how used games have always been. How can you expect a USED game to still have the DLC token, which very rarely happens. That's why it's used.

That's like buying a used refrigerator and expecting it to still have the free ice tray included. Or something like that...
hpv's Avatar - Comment posted on 03/26/2010 12:06
hpv
Or he could have saved a lot more money by buying NEW on Amazon. What a tool.
Tarvu's Avatar - Comment posted on 03/26/2010 12:11
Tarvu
Whats with all the Bowie?

David Bowie Rock Person should be a thing.
AkumaLovesYou's Avatar - Comment posted on 03/26/2010 12:12
AkumaLovesYou
Why not just take it back and ask for his money back....?
Chris Carter's Avatar - Comment posted on 03/26/2010 12:13
Chris Carter
Goozex CLEARLY says that you will not get ANY content.

They didn't have to do that in the slightest. This guy is a fucking idiot.

Do used car salesman have to say you won't be getting a new car smell?
WarZombie's Avatar - Comment posted on 03/26/2010 12:32
WarZombie
Honestly though, who buys a used game that's just $5 cheaper than new? Realistically speaking, at that point it's not even worth it, just suck it up and buy it new, stop being a cheap bastard.

Also, it's obvious that this guy is just trying to score some free cash. GameStop has a return policy. Use it. Fucking retard.
Avalon's Avatar - Comment posted on 03/26/2010 12:34
Avalon
ZIGGY SEAGULL

ZIGGY SEAGULL

ZIGGY SEAGULL

ZIGGY SEAGULL
Qraze's Avatar - Comment posted on 03/26/2010 12:35
Qraze
Magnalon, if that used car says it on the window that it includes that new car smell then the salesman has to inform you it won't.

false advertising is false advertising, if i buy a package of salt at kmart, and it says its a package of salt, but when i get home and open it up its a package of fucking pepper in a salt package, thats a fucking problem.

gamestop is in the wrong here and i'm just suprised it took this long before it was reconized. its not like they're a pawn shop and don't know what they have. thy know dam well what they have.

i love used games, but gamestop is hurting this industry more then pirates just on the fact that pirates don't charge you for a hacked game. gamestop makes money off yhose used games and does not give 1 penny to the publisher. most pirates i know will download a game hacked, and if they really like it, will buy the game new. kinda like a demo to them.
Chris Carter's Avatar - Comment posted on 03/26/2010 12:38
Chris Carter
@Qraze
It isn't false advertising! This is what it says!

"Downloadable character and quest
A $15 VALUE
One-time use code available with full retail purchase.
Expires April 30, 2010."

ONE TIME USE with FULL retail purchase. That wasn't a full retail purchase.
taiki's Avatar - Comment posted on 03/26/2010 12:50
taiki
@Magnalon

The problem here is, the one time use code? Wound up in the fucking DVD case. That's misrepresentation on GameStop's part. Not only did they not explicitly state, "DLC may not work" but they included the DLC coupon with the rest of the packaging.

DLC download codes are big fuck yous to gamers anyway. I'm surprised so many people stand up for them. Some game companies like EA and Activision don't give a shit about you and are actively trying to squeeze your balls until you squeal.
Ghouls's Avatar - Comment posted on 03/26/2010 12:59
Ghouls
This won't go anywhere. The lawsuit complaint assumes the player is required to rush home and buy the DLC, which isn't the case.
frozenbabylon's Avatar - Comment posted on 03/26/2010 12:59
frozenbabylon
@Taiki

Yeah. By giving new game purchasers free DLC. Shit man. That's the worst thing. THE WORST THING.
Roryzilla's Avatar - Comment posted on 03/26/2010 13:01
Roryzilla
Eb games can just go to town on my butthole, i hope they're sued.
Occams electric toothbrush's Avatar - Comment posted on 03/26/2010 13:10
Occams electric toothbrush
Frivolous litigious things make me chuckle.

Hope this guy has to sell his system to pay legal fees.

Ziggy seagull is excellent.
akathatoneguy's Avatar - Comment posted on 03/26/2010 13:15
akathatoneguy
@ Taiki-

Yeah! Rewarding the customers who actually pay them for their product, instead of a third-party leech. How shitty!

Wait a minute...how is that a "fuck you" to gamers? I didn't feel fucked at all when I bought ME2 and got free shit for buying new. I felt rewarded for being what I am- a loyal customer who buys games new, not used. There absolutely should be incentives for the customers who support these companies and keep them in business. It is completely defensible not only from a business perspective, but also morally.
KingSigy's Avatar - Comment posted on 03/26/2010 13:20
KingSigy
Considering their new policy of, "Make good rounds for you're fired," I don't think GameStop is ever going to inform customers that used games won't come with everything.
seventhevening's Avatar - Comment posted on 03/26/2010 13:42
seventhevening
This is unbelievable stupid. Buying a used SoulSilver or HeartGold will come with no pokewalker. Many games that are traded in have no manual or box art. What kind of idiot thinks they should get the DLC if they don't even get a cover
taiki's Avatar - Comment posted on 03/26/2010 13:48
taiki
@akathatoneguy, @frozenbabylon

It's not just DLC codes on new purchase, but it's also cases where four different chains with four different preorder exclusives. I'm not saying it should be illegal, I just think it's just further proof that gamers are willing to put up with being treated like shit over and over and they'll be thankful for it. Most DLC codes included in packaging enable content that's sitting on disc, and that's fucking abusive. That whole concept just reeks of dirty fucking pool, much less rewarding specific consumer loyalty. We're not just revenue streams, we're people for fuck's sake.
Hawks's Avatar - Comment posted on 03/26/2010 13:52
Hawks
Epic. Still, I can see this happening to a lot of people who just honestly wouldnt think about this issue(think moms buying their kids presents). Just burn down every Gamestop store IMO.
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