Author Topic: Gamestop sued over selling used EA games  (Read 2952 times)

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ManaByte

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Gamestop sued over selling used EA games
« on: March 25, 2010, 08:49:01 PM »
http://ps3.ign.com/articles/107/1079852p1.html
Quote
March 25, 2010 - A lawsuit filed earlier this week against retailer GameStop says the company is "deceptively misleading" its customers into believing a used game purchased from the store comes with all packaged downloadable content advertised on the box. This content, however, is only made available for free to those who purchase the game new, as the code to access the content can be only used one time.

This problem arose in January when plaintiff James Collins purchased a used copy of Dragon Age: Origins from a GameStop store in Hayward, California. Collins paid $54.99 plus tax for the game, $5 less than a brand new copy.

Collins states he purchased the game in part because of the box cover, which advertised that additional character and quest content could be downloaded for free upon purchasing the game. Collins discovered weeks later, however, he would have to pay an additional $15 to access the downloadable content, ultimately paying $10 more than the cost of a brand new copy with the same content.


When Collins tried to return the game for a refund, the GameStop manager at the store said he could not because the seven-day return window had passed.

"GameStop, who makes more than 20% 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 new content."

Collins is seeking restitution, punitive damages for fraud, and interest from the sale of used games that were wrongfully obtained.

A GameStop representatve told IGN the company is unable to comment on pending litigation.
CBG

Madrun Badrun

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Re: Gamestop sued over selling used EA games
« Reply #1 on: March 25, 2010, 08:55:07 PM »
EA is a crafty bitch.

AdmiralViscen

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Re: Gamestop sued over selling used EA games
« Reply #2 on: March 25, 2010, 09:02:32 PM »
Haha, awesome

ManaByte

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Re: Gamestop sued over selling used EA games
« Reply #3 on: March 25, 2010, 09:07:03 PM »
Maybe EA planned this all along to fuck with Gamestop? :rofl
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Kestastrophe

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Re: Gamestop sued over selling used EA games
« Reply #4 on: March 25, 2010, 09:24:35 PM »
Quote
This problem arose in January when plaintiff James Collins purchased a used copy of Dragon Age: Origins from a GameStop store in Hayward, California. Collins paid $54.99 plus tax for the game

 :S
jon

Great Rumbler

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Re: Gamestop sued over selling used EA games
« Reply #5 on: March 25, 2010, 09:30:18 PM »
Ho ho! You slay me, James! We have been slain. Oh! Oh ho. You aren't joking. This is a real. This is a real thing. Yeah, uh...we can do one of these lawsuits. You never know. Some judge may buy into it ironically.
« Last Edit: March 25, 2010, 09:38:38 PM by Great Rumbler »
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originalz

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Re: Gamestop sued over selling used EA games
« Reply #6 on: March 25, 2010, 09:35:36 PM »
How did it take the guy over a week to realize that he couldn't download the shit?  I've never played DA, is it something that you wouldn't be aware of until later in the game?

Madrun Badrun

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Re: Gamestop sued over selling used EA games
« Reply #7 on: March 25, 2010, 09:46:27 PM »
he probably didn't enter his code in until a week later or only started to play the game a week after buying it.  I didn't put in my code until I was at the end of the game. 

The Sceneman

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Re: Gamestop sued over selling used EA games
« Reply #8 on: March 25, 2010, 09:53:38 PM »
Quote
This problem arose in January when plaintiff James Collins purchased a used copy of Dragon Age: Origins from a GameStop store in Hayward, California. Collins paid $54.99 plus tax for the game

 :S

my thoughts indeed! Im with EA here, but the real problem is the cretins who will buy a used copy over a new one at Gamestop just to save a measley 5 bucks. Good thing project $10 is here to save us all from used game hell!

Originalz, he probably didnt even check out the downloadable content options until a while after he bought the game. Hes obviously a n00b/distinguished mentally-challenged fellow.
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Joe Molotov

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Re: Gamestop sued over selling used EA games
« Reply #9 on: March 25, 2010, 10:27:21 PM »
Quote
Hes obviously a n00b/distinguished mentally-challenged fellow.

I think that goes without saying. I mean we all know Gamestop rips you off, but it says on the back of the box that it's a one-time code that's available only with full retail purchase. If you think you can buy a used copy and still get it, well obviously you're a distinguished mentally-challenged fellow. You might as well sue every used Blu-Ray seller because the case says "Digital Copy" but OMG it said the code had already been activated. FRAUD!!!!!
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demi

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Re: Gamestop sued over selling used EA games
« Reply #10 on: March 25, 2010, 10:29:10 PM »
I know right? He didnt even use a fucking EDGE card for 10% off
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Joe Molotov

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Re: Gamestop sued over selling used EA games
« Reply #11 on: March 25, 2010, 10:32:29 PM »
$54.99 used?!

I'm sorry but if you are DUMB enough to buy a used game at that price then you should be sued by the common sense council for being a horrid waste of carbon.

That's Gamestop's standard MO. A $5 markdown on "new" USED games.
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Ichirou

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Re: Gamestop sued over selling used EA games
« Reply #12 on: March 25, 2010, 10:35:32 PM »
It would be awesome if he won the lawsuit.
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drew

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Re: Gamestop sued over selling used EA games
« Reply #13 on: March 25, 2010, 10:43:12 PM »
about time someone sued them

just earlier today i was thinking about how a certain gamestop store has pissed me off so many times and the different ways i should go about vandalizing the store overnight

Ichirou

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Re: Gamestop sued over selling used EA games
« Reply #14 on: March 25, 2010, 10:44:43 PM »
They should sue them for selling opened games as new.  I don't care if it's a fucking display copy - you open it, it's no longer new.  Plus, putting the case out there for greasy-fingered nerdlingers to fondle means the person who eventually purchases that display copy ends up with a scratched, busted-up case for a supposedly "new" game.
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demi

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Re: Gamestop sued over selling used EA games
« Reply #15 on: March 25, 2010, 10:46:23 PM »
about time someone sued them

just earlier today i was thinking about how a certain gamestop store has pissed me off so many times and the different ways i should go about vandalizing the store overnight

Is it the Alexis one? I love the chub there. I just... gaze. He's so hot, man.
fat

The Fake Shemp

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Re: Gamestop sued over selling used EA games
« Reply #16 on: March 25, 2010, 11:08:01 PM »
You know what's sad? I used to run the store in Hayward, California. I still know the manager for that store, the two nearby stores and I spoke to the DM yesterday. :lol
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Ichirou

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Re: Gamestop sued over selling used EA games
« Reply #17 on: March 25, 2010, 11:09:34 PM »
You really dodged a bullet there, dude.  If you were still working there you'd have been taken out in handcuffs for selling that used copy of Dragon Age. Phew.
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The Fake Shemp

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Re: Gamestop sued over selling used EA games
« Reply #18 on: March 25, 2010, 11:11:05 PM »
I know.

Technically, I ran the San Leandro store, but I was grouped in with the Hayward area. I know two of the four managers that operate stores in San Leandro/Hayward personally. I tried calling one earlier today to shoot the breeze, but he never called me back - I wonder if it's related to this. :lol
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AdmiralViscen

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Re: Gamestop sued over selling used EA games
« Reply #19 on: March 25, 2010, 11:37:21 PM »
I just bought a PSP 3000 off dell.com for $10 less than a used one at GameStop :rock

The Sceneman

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Re: Gamestop sued over selling used EA games
« Reply #20 on: March 25, 2010, 11:49:08 PM »
I know.

Technically, I ran the San Leandro store, but I was grouped in with the Hayward area. I know two of the four managers that operate stores in San Leandro/Hayward personally. I tried calling one earlier today to shoot the breeze, but he never called me back - I wonder if it's related to this. :lol

yeah hes probably in a darkened room somewhere working a paper shredder overtime and knocking back hard liquor furiously!
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originalz

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Re: Gamestop sued over selling used EA games
« Reply #21 on: March 26, 2010, 12:11:51 AM »
They should sue them for selling opened games as new.  I don't care if it's a fucking display copy - you open it, it's no longer new.  Plus, putting the case out there for greasy-fingered nerdlingers to fondle means the person who eventually purchases that display copy ends up with a scratched, busted-up case for a supposedly "new" game.

My favorite was when they got new copies of a rare game that had been reprinted, but opened up them up and sold them as "used" because the used price was higher than the new price.  I remember how the RE gamecube ports suffered this fate.

EmCeeGrammar

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Re: Gamestop sued over selling used EA games
« Reply #22 on: March 26, 2010, 12:14:51 AM »
I like gamestop.  Although I generally don't care about uh, the game already being opened or stickers and things like that.  If it doesn't work when you bring it home just exchange it the next day.  Its also a nice way to get some money back on bad purchases I make.  Working at gamestop however, is complete bullshit.

I will say that I'm very disappointed when they don't stock a game because its not mega popular so I have to go to best buy which usually has everything I'm looking for.  So they really just suck when it comes to selection for niche games. 
sad

The Fake Shemp

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Re: Gamestop sued over selling used EA games
« Reply #23 on: March 26, 2010, 01:03:57 AM »
... wtf are you talking about. If anything, that's the ONLY thing GameStop has over Best Buy, is selection.
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Joe Molotov

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Re: Gamestop sued over selling used EA games
« Reply #24 on: March 26, 2010, 01:26:46 AM »
Maybe he lives next to some magical Best Buy that carries all the awesome limited-run wacky-jappy games. Mine never has crap.
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drew

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Re: Gamestop sued over selling used EA games
« Reply #25 on: March 26, 2010, 01:32:52 AM »
Is it the Alexis one? I love the chub there. I just... gaze. He's so hot, man.

naw, the first one on monroe, in the same strip as outback

EmCeeGrammar

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Re: Gamestop sued over selling used EA games
« Reply #26 on: March 26, 2010, 01:36:58 AM »
... wtf are you talking about. If anything, that's the ONLY thing GameStop has over Best Buy, is selection.

Nope, the best buys in arkansas have huge rows of almost any game that gets released domestically.  Anytime I couldn't get a game at gamestop -that they chose not to stock for whatever a specialty retailer would not stock a game- I went down the street and there was a copy at best buy.
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chronovore

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Re: Gamestop sued over selling used EA games
« Reply #27 on: March 26, 2010, 01:39:21 AM »
$54.99 used?!

I'm sorry but if you are DUMB enough to buy a used game at that price then you should be sued by the common sense council for being a horrid waste of carbon.

I think that's really part of the point of the suit. The average consumer goes into Gamestop and, even when they attempt to purchase the new product, is faced with a clerk saying "How would you like the used version for five dollars less?"

No part of the sales pitch refers to any effect of buying the used product, other than the money which will be saved. If the functionality is less than what is presented on the box, and no mention is made of that, it's misrepresenting the sale.

Hey, I buy used games too, and as a savvy gamer I know that codes for DLC are going to be one-time use. Does the average consumer know that a code is one-time use?

Bocsius

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Re: Gamestop sued over selling used EA games
« Reply #28 on: March 26, 2010, 02:25:13 AM »
A friend of mine bought a game for a his stepson, bought it used. I looked at it and was like "you bought this nasty game some fat kid has slobbered all over? Why?"

He was like "I saved 5 bucks!"

5 dollars. I don't get it. But then, I don't go to GameStops. Best Buy or online ftw. Although, come to mention it, my local best buy keeps the newest games locked up for what reason I have no idea and never has anybody in the area to open the cage.

So, yeah, online ftw.

ManaByte

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Re: Gamestop sued over selling used EA games
« Reply #29 on: March 26, 2010, 02:41:58 AM »
What Ganestop are you guys talking about? At mine you need to specifically request a NEW copy of the game or else they'll sell you a used one. 
CBG

Bloodwake

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Re: Gamestop sued over selling used EA games
« Reply #30 on: March 26, 2010, 05:10:44 PM »
Uh, I think it's a bigger load of bullshit that I can't buy a used game for less anymore because EA is making me pay for shit that came with the new one. So basically, I have to pay $59.99 for an EA game if I want it or wait until it gets marked down.

The only problem with this philosophy is games that should be marked down already, such as NCAA Football or Madden 10 AREN'T. I mean, half the online functionality is done with. FUCKING MARK DOWN YOUR GAMES.

HLR

The Sceneman

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Re: Gamestop sued over selling used EA games
« Reply #31 on: March 26, 2010, 05:42:37 PM »
then you are part of the problem!
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bork

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Re: Gamestop sued over selling used EA games
« Reply #32 on: March 26, 2010, 05:51:28 PM »
Gamestop is one of those stores that used to make sense before you could purchase everything online, often newer and cheaper than the used products that they offer, and sans stickers and missing manuals/box inserts to boot.
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Stoney Mason

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Re: Gamestop sued over selling used EA games
« Reply #33 on: March 26, 2010, 06:16:36 PM »
I have nothing especially pro Gamestop nor do I have anything especially against gamestop. Sometimes I buy used games from then when I find a deal. Most of the time I don't. If I'm near a gamestop and I want a new game I'll buy it from them. If I'm near a best buy, or a walmart, and I want a game I'll buy it from those particular stores.

Honestly the hardcore fixation on them is what strikes me as odd. (cough... Manabyte.... cough) It's a store. Not a social cause.

chronovore

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Re: Gamestop sued over selling used EA games
« Reply #34 on: March 26, 2010, 09:09:56 PM »
Gamestop has very little competition in the used game market; they're organized, they're the default place to return/trade games in. When traveling in the USA over the past 9 years, in my limited experience the mom-and-pop stores are really hit-or-miss when there a game I'm actively looking for, or even if I'm operating from a short list. Best Buy will have current stuff, but if I want anything older than a year, Gamestop is the best bet.

If I were living in the USA I'd be trawling half.com and amazon.com for the lowest Zshop deals on the games I want. I'm also under the impression that online resellers live and die on their reputation, and are more willing to deal with disputes fairly.

ManaByte

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Re: Gamestop sued over selling used EA games
« Reply #35 on: April 06, 2010, 08:00:00 PM »
Gamestop is running a 50% off NEW games sale right now...

except when you go in the store, they're used. They're new releases, just used copies of them.
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demi

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Re: Gamestop sued over selling used EA games
« Reply #36 on: April 06, 2010, 08:03:08 PM »
Really? I'd buy 50% off a new used game.
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chronovore

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Re: Gamestop sued over selling used EA games
« Reply #37 on: April 06, 2010, 08:19:15 PM »
Gamestop is running a 50% off NEW games sale right now...

except when you go in the store, they're used. They're new releases, just used copies of them.
Is that how they're advertising them? "New" games? As in "recent"?

ManaByte

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Re: Gamestop sued over selling used EA games
« Reply #38 on: April 06, 2010, 08:26:08 PM »
Gamestop is running a 50% off NEW games sale right now...

except when you go in the store, they're used. They're new releases, just used copies of them.
Is that how they're advertising them? "New" games? As in "recent"?

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chronovore

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Re: Gamestop sued over selling used EA games
« Reply #39 on: April 06, 2010, 08:29:13 PM »
I hope they get sued over that, too.