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

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

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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