Class action suit over GameStop resales

GameStop has made a lucrative business out of reselling used videogames. Now a class-action lawsuit claims the sales are deceptive because buyers of the used games are often unable to access downloadable content and other perks available to first-sale buyers. [Kotaku, Screen Play]


  • To quote one comment associated with the article:
    “I’m cheap.”

    I’ve purchased games from GameStop and I don’t expect the privileges of first-buyer in the same manner as I wouldn’t expect the factory warranty on a used car to be in force unless otherwise stated.

  • Re: KDP


    I don’t care about the Super Duper Dragon Tiger Edition of PC Game X. If I can get it for $20 with all the bells and whistles, great. If not, then I am content with getting the regular version for a pittance at Game Stop.

    As long as the game works, that’s all I care about.

  • ……as I wouldn’t expect the factory warranty on a used car to be in force unless otherwise stated.


    So why isn’t GameStop held accountable when the product they are selling clearly states on the box that certain features are available when they aren’t?

    Where is the difference between a warranty being explicitly stated and a box explicitly stating that certain content is available?

  • I’m really torn on this one. Day one/initial purchase DLC is essentially the best available workaround for not having a robust mechanism for tying an individual license to a user with console games. If it weren’t for the relatively large (but rapidly shrinking) number of users that don’t have regular internet connections for their consoles, I think it would be appropriate to lock 50-75% of the game to a DLC purchase and include a token for a free copy in the box.

    On the one hand, I don’t really believe a class action is particularly appropriate for this. On the other hand, I’m pretty keen on anything that negatively impacts Gamestop’s used game trade.

  • And this is exactly why re-selling a product with DRM attached gets slippery. The new term is brick as in what may happen when your iPhone dies if you perform unauthorized ‘upgrades’. As game companies try for stricter control over consoles and physical games, there will be more issues. Clearly “pay to play” for ONLY initial purchasers will affect all subsequent resales.

  • Does Gamestop allow you to return the game?


  • Does Gamestop allow you to return the game?

    According to the store return policy at:

    A receipt is required for all returns and exchanges.
    • Unopened new merchandise may be returned for a refund or exchanged within 30 days of purchase.
    • Opened new merchandise may be exchanged for the identical item within 30 days of purchase but, with the exception of opened new accessories, cannot be returned for a refund.
    • Used (pre-owned) merchandise and opened new accessories may be returned for a refund within 7 days of purchase or exchanged for the identical item within 30 days of purchase.
    • We reserve the right to refuse any return and to require that certain items be returned directly to the manufacturer.

    Other sites and comments have picked up on the same issue that you might be hinting at – “why not just return the game?” As anyone who has played a video game knows, seven days is a long time to have a new game sitting there, beside your computer, whispering in your ear……
    “…install meeeeee… play meeeeeee…..” 😉

  • Well, gitarcarver, there you go. It doesn’t have the whatsit, you bring it back with the receipt — standard for stores to insist on receipts — and if they ask why you say “I can’t access the internet downloads.” Not that you have to tell them, but management likes to know why merchandise is returned.


  • Come to think of it, without a receipt or similar proof of purchase that would cause the store to accept the return, how can you demonstrate you are actually a member of the class?


  • My prediction is that the case will be settled with a large payment to the lawyers and rebate coupons for the class members. The fix will be a warning sticker that states that not all content listed on the box may be available.

  • This is why I opt out of any CA suits that come down the pike. They only benefit the lawyers, not the aggrieved party.

  • GameStop isn’t bricking the games or restricting downloadable content. Nor are they printing misleading information on the box. That’s all being done by the game publishers who insist on crippling their games with anti-consumer DRM mechanisms. Go sue Electronic Arts.

  • Bryan C: If the package said the game included a collectible coin, would the manufacturer be responsible if GameStop sold a used game without one? It’s the reseller’s responsibility to make sure the product is labeled appropriately for resale. The manufacturer labels the product for original sale.