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GameStop’s motion to dismiss lawsuit over used game sales denied by federal judge

Saturday, 10 August 2013 21:36 GMT By Stephany Nunneley

A US federal judge in New Jersey has denied GameStop’s motion to dismiss a class action lawsuit filed against it by customers claiming the chain violated the New Jersey Consumer Fraud Act.

The suit was brought against the company for selling used games without single-use DLC codes included.

According to Judge Robert B. Kugler’, the lawsuite filed by three GameStop customers was due to the trio being under the impression their pre-owned titles would include all of the same content as a new copy.

The court documents obtained by Polygon also stated the plaintiffs felt DLC was an “integral feature” of the games and that GameStop “induced” them to purchase used instead of new ones.

GameStop was accused of using statements such as “our used game trade program creates value for customers,” and the plantiffs provided the receipts showing said savings by purchasing used instead of new.

Two of the plaintiffs claimed that since they had to purchased the $15 DLC separately due to the lack of a code, it cost them in total $60 instead of the $59.95 it would have cost them to purchase a new copy. retail copy with the online passes included — than they would have spent purchasing a new retail copy of the games.

Various allegations were brought against GameStop in the suit, such as one stating that the firm is “aware of material information, that DLC was not included with the purchase of pre-owned games, but did not reveal this fact to Plaintiffs.”

You can read the full thing on Polygon.

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23 Comments

  1. Professor Zoom

    Gamestop is probably one of the most retarded and greedy chains out there. Where I live they will probably give you 3 or 4 dollars for a used game and probably sell it 3 or even 10 times the money they gave you.

    #1 2 years ago
  2. MCTJim

    Why would DLC be included in a used game? I could understand the whole ONLINE pass thing that should be included, well they used to include it at GS until EA made them discontinue generating online pass codes. DLC on a used game..come on…really…this suit should be dismissed..if it were the latter of online pass inlcuded, I could see it.

    #2 2 years ago
  3. Aullah

    @1 Yea… their used game thingy really hurts the developer. I also hate they stupid preorder bonuses… they cut out parts from the game just so they can lure people to buy from them.

    #3 2 years ago
  4. Ghil

    @Aullah: before thinking about the developer, you have to know something that’s rarely said: In the game industry, selling new games gives almost nothing to the retailer. They rarely have deals that let them have more than 10% of the profit on the game, which means normally, 90% or more goes directly to the developer. You either have to sell a gajillion games to make it work somewhat while it not being your primary cash flow (think Wal-mart) or you need to sell used games to recoup the cost of operations.

    I really am not saying anything specific about Gamestop here, I’m just saying that used games would not be a necessity for them if the developers didn’t eat up all the profit in the first place, like is common in pretty much every other industry out there.

    #4 2 years ago
  5. Professor Zoom

    #4 That doesn’t mean they have to buy people’s games and then sell it for like 5 times more the money they gave you… In Denmark where I come from, a new released game costs 90 freaking dollars and when you ask Gamestop one year after how much they will give you, they most likely will say 3 or 5 dollars. And what about writers? I once knew a writer, and I once asked him if he was rich, but he said not at all, because 90% of the money his books are bought of are earned by the retailers.

    #5 2 years ago
  6. Kreion

    @4
    Are you kidding?

    First of all I think you need to consider what ‘almost nothing’ means. If it was that little they wouldn’t be able to make a chain based around the sale of games, but they and a bunch of other companies have. Not just in the Games industry, look at music, look at films: there are plenty of things like games which get along on the same model. They too often have used sections, but you don’t see films costing £30 used do you? For starters films are cheaper to begin with so it’s more stomachable for the consumer.

    Developers deserve that money, they created the game and whilst retail stores are helpful in selling them, digital sales are making them less and less relevant.

    If you want to talk about who get’s the biggest cut, the publisher usually does in all these industries. They are generally the people who put the money into the project to start with, and so they are the ones who get the majority upon completion.

    #6 2 years ago
  7. Digital Bamboo

    @Ghil “normally, 90% or more goes directly to the developer.” I think you forgot a few other expenses there.

    Found this, just going to leave it here: http://unrealitymag.bcmediagroup.netdna-cdn.com/wp-content/uploads/2011/04/game-pie.jpg

    #7 2 years ago
  8. JimFear-666

    i hope they will lose and close once and for all

    #8 2 years ago
  9. lookingglass

    If GameStop loses this, publishers will have found their golden ticket to kill pre-owned sales without disallowing them.

    $20 online pass and $20 DLC included for free! Used copies will be gutted versions of new games and GameStop will have to make that very clear to its customers.

    I don’t mind it one bit. If my game companies are bursting with cash, I’m usually getting more or better games.

    #9 2 years ago
  10. spectre197

    What the story forgets to say is the main guy suing gamestop is the same guy that sued subway because he measured a footlong at 11 1/2 ins

    #10 2 years ago
  11. darthroseman

    There’s a lot of stupid going on here. You don’t like that they sell the games for more than they give you!? Sell it yourself then. Craigslist exists. EBay exists. If you are too lazy to do the work yourself then, oh hey, it is almost as if you are paying someone to do it for you…How about this, if you think the used game industry is hurting your favorite developers, don’t trade in their games, and then no one can buy them used!! Sorry that a business exists, they are profitable because they provide a service many people use, and most people’s ACTUAL complaint is they aren’t getting a big enough cut. Nerds are always some of the dumbest people around when it comes to common sense.

    Also, this is a ridiculous lawsuit.

    #11 2 years ago
  12. PEYJ

    All GameStop has to do is put on a sticker that says “DLC and Online Codes not included”, and they wont get ridiculous lawsuits like this in the future.

    #12 2 years ago
  13. Keivz

    @12
    Indeed, but they didn’t. No DLC codes in used games is considered common knowledge to a gamer, but the laymen are clueless about that sort of stuff. Thus, the lawsuit has merit.

    #13 2 years ago
  14. Professor Zoom

    #11 Are you stupid? I never actually said that I trade in my games at all. I just feel sorry for those who do. Do you have some kinda problem with that? Gamestop are hurting the developers, they’re a very greedy chain and they need to vanish.

    #14 2 years ago
  15. stretch215

    Yeah the lawsuit definitely has merit (although it’s pretty ridiculous). The fact that the cost of the used game + the online pass costs more than a new game (plus claims of “value” for buying used) = false advertisement every day. I don’t know what kind of damages these guys think they’re going to get, though. Judges tend to look down on those who make a mockery of the judicial system.

    #15 2 years ago
  16. Cobra951

    @10: I didn’t know that, and I’m not going to bother verifying it. Essentially, you’re right: This is THAT kind of ridiculous lawsuit. The lawyers will get lots of BMW payments out of it, and no one else will benefit much, if at all. If you don’t like Gamestop’s business model, don’t deal with them. As someone else said, no one is forcing you to sell or trade your games to GS. Personally, I don’t patronize GS, but I have no problem with its existence.

    #16 2 years ago
  17. Professor Zoom

    #16 I’m not dealing with them, thank god. How many times do I have to say this? As long as their used market is there, many people are gonna sell their games to them, and I feel sorry for those who do.

    #17 2 years ago
  18. sebastien rivas

    I do purchase through Gamestop Digital once in awhile but I must say their UI and description on Gamestop Digital is controversial and requires reading through and out of the whole game page you are on.
    After all not everyone understand what DLC stands for nor could anyone see through a name extension of a title as a game extension until you read in little characters the bottom left of that page to understand that download DLC is part or extension of a main game that need to purchased first.

    Otherwise I don’t sell games unless the game I purchase really has no value to my eyes. This happened twice in last 5 years so far.

    @ 12
    I agree with you, more description should be done by Gamestop, they would not look so cheap & trick in first place.

    #18 2 years ago
  19. DSB

    I’m a big Steph fan, and I hope the guys picking on her die from internet AIDS. But I still think it’s funny how you just know who wrote an article by seeing the word “lawsuite” :D

    #19 2 years ago
  20. Lengendaryboss

    @19
    Very lucky she’s on vacation.

    #20 2 years ago
  21. zinc

    I believe a lawsuite is the furnishings within a judges chambers.

    :)

    #21 2 years ago
  22. darthroseman

    @14 Why in the world would I feel sorry for people who knowingly trade in their games? Does GameStop not tell you how much you are getting before they finalize the trade-in? Becauae I’m pretty sure everyone should know in order make money in the reselling business, you’ll have to pay people less than you’re selling it for. And you also have to pay your employees. BUSINESS! You called me stupid, then offered no rebuttal, other than GameStop is greedy. They’re a company, majority of them are greedy. You should ask some QA testers if they think video game companies aren’t greedy. Because I’m pretty sure I was underpaid, underappreciated, and not given any health insurance despite working an average of 50 hours a week. And I worked out countless DLC that was completed months before the game came out. Is that not greed?

    #22 2 years ago
  23. Professor Zoom

    #22 What are you on about? You’re just generelizing, just because Gamestop are greedy, that doesn’t mean everyone are THAT greedy, that’s the same thing with sequels, just because mario is a massively milked franchise doesn’t mean that all other franchises are milked THAT much. I’m not talking about how you feel, I’m talking about how I feel, and I feel sorry for them, when they can earn a lot more money by selling their games individually, what’s your problem with that? I can’t have this opinion? I weren’t calling you stupid, I asked you if you were stupid, since I never actually said that I were selling games to Gamestop. Games are expensive, 1 game is sold for like 90 dollars in some countries, I don’t want to pay that price, that’s more than what a whole african village can earn in a week so I don’t want Gamestop buying your games for like 5 dollars a year after, then don’t even bother having the used chain market at all.

    #23 2 years ago

Comments are now closed on this article.

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    The winner of the European round of the Call of Duty Championship has been announced. This past weekend, 28 teams representing UK, France, Germany, Spain, Italy, Netherlands, Sweden, Finland, the rest of Europe and Middle East attended the final of the European round of the Call of Duty Championship. UK team Epsilon eSports was crowned […]

  • GOG brings back Insomnia sale with discounts up to 90% off

    GOG.com is bringing back its Insomnia sale event with even more games. GOG’s Insomnia sale is back with double the amount of games. This year, there will be two sets of games available at once. The sets are seasoned classics and fresh new titles. Each set will feature games with discounts up to 90% off, […]

  • 2K is shutting down NBA 2K14 online servers, won’t affect career save files

    2K will be shutting down the servers for NBA 2K14 this month. The publisher revealed yesterday that online servers for NBA 2K14 will be turned offline on March 31. “You will no longer be able to play ranked games/online association,” reads the announcement. NBA 2K14 relied on online servers to store save files for MyCareer […]

  • One Dead or Alive tournament organiser is proposing ban of “over-sexualised” costumes

    A Dead or Alive tournament organiser has suggested a soft ban on some of the game’s “over-sexualised” costumes, and not everyone is happy. Tournament organiser “The HuBBs” took to the FreeStepDodge forums to suggest a list of rules that other offline tournaments can follow. The list goes over stages, characters, moves, which is certainly in […]

  • Destiny: all the news from Bungie’s open house Q&A

    Bungie hosted an open house Q&A session with the community last week and lots of exciting news have come out of it. Arekkz Gaming has gathered all the information that came out of Bungie’s open house Q&A in one handy video. The list is massive, going over Exotic weapon balance, upcoming events, PVE, Crucible rewards, […]

  • Elite: Dangerous and Star Citizen to honour Nimoy with in-game memorials

    Developers behind space exploration games Elite: Dangerous and Star Citizen will honour the memory of Leonard Nimoy through in-game memorials. The develops of both games have confirmed separately that in-game memorials will be established to honour the memory of the late Star Trek actor, Leonard Nimoy, famous for playing Spock. Elite: Dangerous executive producer Michael […]

  • Deal: get a PlayStation 4 + three exclusives for $399

    Amazon’s latest PlayStation 4 deal is not one to miss. With purchase of a PlayStation 4 console from Amazon in the US, the online retailer will throw in digital codes for Infamous Second Son, Killzone Shadow Fall and The Last of Us: Remastered, all for the same MSRP of $399. The Last of Us Remastered […]

  • Destiny: this is how one player predicted House of Wolves details and Xur’s inventory

    The method one Redditor possibly used to leak some details from Destiny’s House of Wolves was the same one he used to predict the inventory of Xur: Agent of the Nine. Last week, Reddit user Megamanexe4 leaked a few pieces of House of Wolves expansion content. The leaks included strikes, new Crucible mode, and a […]

  • Mortal Kombat X is coming to iOS… as a card-battler

    Mortal Kombat X will be releasing on mobile devices in some form, just not the one you except. Mortal Kombat X is coming to Android and iOS devices as an extension of the main game. It will launch in April alongside the console versions. The mobile game will be part card collecting and part fighting […]

  • Metal Gear Solid 5: The Phantom Pain announcement coming this Wednesday

    Kojima Productions will unveil something about Metal Gear Solid 5: The Phantom Pain this Wednesday. Metal Gear Solid fans should standby for a Phantom Pain-related announcement on Wednesday, March 4. According to developer Kojima Productions’ Twitter, there’s going to be an announcement at 2pm GMT on Wednesday. The developer posted the following image. The image […]

  • Reader survey: time to let us get to know you better!

    We’d really appreciate it if you could fill in this survey about the websites you read and the games you buy. It massively helps! You can fill out the survey right here and obviously all the information you supply is confidential. It helps us build a better picture of the people who read our site […]

  • Battlefield Hardline Premium: here’s everything you get for $50

    Battlefield Hardline’s Premium membership will give players access to 4 new features, early access to expansion packs and more. EA detailed the offer today – it costs $50 in total (£40 in the UK) and gives players a whole bundle of new gear and content. Check it all out in handy list form below: Masks […]

  • Hayter’s gonna hate: the voice of Solid Snake wouldn’t answer my Metal Gear question

    Voice actor and Hollywood writer David Hayter discusses the differences between movies and games. And politely declines my leading question. “It might be fun to do a crazy, over-the-top film version of Saint’s Row.” Yeah, that headline is a bit cheap but you’re reading the work of a man who once asked the maker of […]

  • Xbox One bundle gets £100 price cut in UK

    Microsoft has knocked up to £100 off Xbox One bundles in the UK. The Xbox One with Kinect Assassin’s Creed bundle is now £100 cheaper and comes with a free £20 voucher to be spent on the official Microsoft online store. Over on the Xbox online store there’s a £70 price cut on the white […]

  • Pokemon Shuffle downloaded 1m times, free stuff given out to celebrate

    Free-to-play 3DS title Pokemon Shuffle has been downloaded over 1 million times. As a reward for playing the match-3 puzzle game Nintendo has gifted players a Complexity -1 item for free. The item reduces the difficulty of a level, according to Eurogamer. By all accounts Pokemon Shuffle is a cynical game with poorly implemented microtransactions. […]

  • Trine 3: The Artifacts of Power sure is pretty

    FrozenByte Games has revealed Trine 3, due for release in 2015 And what better way to reveal a new side-scrolling adventure than with a very pretty trailer full of gameplay? The latest in a series that has already sold 7 million copies is earmarked for PC and “other” formats. Trine 2 released on PS3, PS3, […]

  • Dying Light takes UK number one

    A month since it was released on digital platforms, Dying Light’s physical release has topped the UK charts. Techland and Warner’s zombie survival game has proven to be one of the big hits of the year so far. It was released on digital formats a month ago but has only just been released on good-old […]

  • GTA 5: that’s some seriously accurate grenade throwing

    Think you can take down a jet plane with a grenade throw? This guy can. In fact, he can do it twice. This is in a variation on the player-created deathmatch “Stunters Versus Snipers” which seem to be all the rage in GTA Online at the moment. One team has a sniper rifle (and grenades) […]

  • Metal Gear Solid 5: Mother Base turns pink in the morning sun

    The Phantom Pain looks nice even when Kojima just takes a quick pic with his phone. Look at that beauty. We get nice reflection in pink at the first gray of dawn. pic.twitter.com/aERTBoZT9z — HIDEO_KOJIMA (@HIDEO_KOJIMA_EN) March 2, 2015 The game doesn’t have a release date yet, which makes us a bit nervous for it […]

  • Dying Light: Underpant Gnomes and 9 other secrets you missed

    Dying Light still has legs – maybe because it’s crammed full of secret things to discover. Ten of those have been highlighted by TerraMantis’ latest YouTube video, including reference to the Underpant Gnomes, guitar lessons, farting zombies and well, we don’t want to spoil it for you. Even if you think you’ve seen everything in […]

  • Resident Evil: Revelations 2 Raid Mode dance gestures are deadly

    Why blind ‘em with science when you could kill ‘em with dance moves? revelations raid When I say Resident Evil: Revelations 2‘s Raid Mode dance gestures are deadly, I’m not being figurative. If you finish the first chapter of Revelations 2 you can unlock Gina for use in Raid Mode. All characters can use gestures […]

  • Dragon Age: Inquisition mod enables male Blackwall romance, terrific joke

    “Male Inquisitors can now scale the wall,” says a clever Redditor. A new Dragon Age: Inquisition mod removes Blackwall’s romantic restrictions, allowing male Inquisitors to chat up the fuzzy-faced warrior. Blackwall doesn’t have any race preferences, so you’re good to go there. Dragon Age: Inquisition romance mods are pretty common by now, and to be […]

  • Destiny: it is possible to solo the Weekly Heroic

    Destiny players willing to faff about with their system clock can solo the Weekly Nightfall if they prefer. The Weekly Heroic is one of Destiny‘s toughest challenges. Responding to player feedback Bungie implemented matchmaking for the Weekly Heroic, but there are players who genuinely prefer to go it alone. There’s now no legitimate way to […]

  • Clayfighter remaster on the way, says Interplay

    A Clayfighter remake is inbound, apparently. Interplay has announced a Clayfighter remaster, combining the content of all past games into one package. Features include: Characters such as Bad Mr. Frosty, Blue Suede Goo, Earthworm Jim, Hoppy, Boogerman, Tiny – and more with over 20 characters total Over 20 familiar environments from the series to duke […]

  • The quickest way to climb in Dying Light

    Dying Light players! Are you sick of picking your way carefully up the sides of tall towers? Have I got a trick for you. The parkour system in Dying Light is okay, but climbing anywhere especially high can be a bit tedious. Enter Jesse Lester, who took a look at the tools available and worked […]

  • Bungie “always” looking at Exotic changes for Destiny updates

    Destiny developer Bungie won’t stop tinkering with Exotic weapons. In Destiny, Exotic weapons are supposed to be the best of the best – and to feel unique. Guns like Ice Breaker and Gjallahorn definitely hit the mark there (although less so when everyone has one), but unfortunately, there are a few that just don’t strike […]

  • Is Uncharted 4′s first trailer a tribute to Crash Bandicoot?

    Uncharted 4′s first proper trailer bears some remarkable similarities to the opening moments of a much earlier Naughty Dog game. Uncharted 4: A Thief’s End has more in common with Crash Bandicoot than you might think. It’s Naughty Dog’s first game on a new console, yes – but if you compare Uncharted 4′s E3 2014 […]

  • Sonic console games will continue, says Iizuka

    Sonic Team leader Takashi Iizuka has said there are no plans to stop making Sonic games. Sonic hasn’t retired from the ranks just yet. “Please rest assured, I personally have no plans to stop making Sonic games for home consoles,” Iizuka told 4Gamer [Japanese]. The comment arose after the site asked if Sonic would become […]

  • Stealth Inc. 2 coming to PSN, apparently

    Stealth Inc. 2: A Game of Clones will soon be available on PlayStation platforms, if a trophy list is to be believed. Stealth Inc. 2 initially launched as a Wii U exclusive, disappointing fans of Curve Studios’ tough action game. We’ve heard nothing to contradict this, but Exophase, a generally reliable source, has dug up […]

  • Runescape developer has an “undisclosed MMO” in the works

    Runescape developer Jagex is working on something new. According to Jagex’s careers page, the developer has a new, unannounced game in the works. Its advertisement for a lead programmer makes explicit mention of an “undisclosed MMO”. The ad mentions the new title is in “the preliminary stages of redefining the cross platform MMORPG genre” and […]

  • Destiny PvP rewards system to be addressed

    Destiny developer Bungie has said it will change the way Crucible rewards work. Destiny players are always complaining about the perfidy of RNGesus, but there’s one area where it particularly hurts: the Crucible. PvP players often receive nothing at all for excellent performances, and sometimes Guardians receive the best drops merely for logging in as […]

  • Azure Striker Gunvolt 2 in the works for 3DS

    Azure Striker Gunvolt is getting a sequel. Azure Striker Gunvolt developer Inti Creates has confirmed that the sidescroller has been popular enough to warrant a second instalment. The sequel will also be released on 3DS, the team said on Facebook. Very little information is available at present, unfortunately. “As time goes on we will have […]

  • Life is Strange Episode 2 not delayed, says developer

    Life is Strange developer Dontnod Entertainment has said the second episode is on track for release this month. I guess it would know. Life is Strange Episode 2 has been expected on March 13, but late last week Square Enix told Destructoid it had been delayed. Dontnod has since denied this report, describing it as […]

  • First SteamVR game reveal is Job Simulator

    Job Simulator is the first game to be announced specifically for SteamVR, Valve’s virtual reality tech. Shoot Many Robots and Aaaaa! For the Awesome! developer Owlchemy Labs is the first team to put its hand up and say it’s worked with SteamVR. In a blog post, the studio unveiled Job Simulator, which will be playable […]

  • HTC, Valve partner for Vive VR headset

    The first SteamVR announce is a headset a manufactured by HTC, the Taiwanese mobile company revealed over the weekend. Valve told us last week it planned to unveil virtual reality hardware at GDC, calling it “SteamVR” at the time. Now HTC has pre-empted Valve by revealing Vive, a headset developed thanks to a collaboration between […]

  • Watch the Evolve Chappie Challenge tomorrow on Twitch

    Sony Pictures Entertainment, 2K and Turtle Rock Studios have announced a tournament being hosted by ESL, which will see Evolve players take on newest movie robot, Chappie. The ESL has teamed up with Twitch for the live 4 on 1 competitive event, and you can watch as it all unfolds tomorrow, March 1 at 3pm […]