Class Action Fraud and Misrepresentation Suit Against GameStop

Neckbeard

I'm Team Piggy!
Donator
Oct 26, 2011
24,894
15,267
303
#1
GameStop told customers that used copies of games came with all of the Downloadable Content (DLC).

However, they did not, and to purchase download codes for the DLC that GameStop had cost more than
purchasing the games brand new.

GameStop is a douchey store.

http://www.screwattack.com/news/gamestop-denied-motion-dismiss-used-games-lawsuit

http://www.screwattack.com/news/gamestop-denied-motion-dismiss-used-games-lawsuit

The lawsuit was spawned when gamers were allegedly misled that their used copy of a game would be exactly the same as a brand new copy, including all the pack-in DLC content that came with the new game and offer a "value to the customer".

This was not the case however, as the used copies of the games did not come with the pack-in DLC. The DLC had to be purchased separately. When purchased separately, the cost of the used game and pack-in DLC would actually be more than the price of a brand-new copy.

The plaintiffs in the case believe that Gamestop's used game policy and their alleged inability to disclose the withholding of pack-in DLC constitutes fraud, and seeing how the judge has denied Gamestop's motion to dismiss, we will have to wait and see where this goes and if and how the used game market will be affected.
 

Psychopath

Plata O Plomo
Dec 28, 2008
17,707
3,348
393
hell
#2
Did you read Kotaku today? They posted an article about Gamestop charging $90.00 for Xenoblade. A game you can't find anywhere else because it's exclusive to gamestop. Gamestop manufactures the game and controls how many copies are out in the wild. This means they can artificially control supply for the game. Fucking scumbags.
 
Aug 13, 2013
6,253
4,735
243
#3
Nothing surprises me about Gamestop, they're probably the most corrupt company I've worked for and while I don't think I have much in the way of scruples, they really didn't pay me enough to screw people over. I thought my job was to actually help the confused grandparents coming in looking for gifts or the young kids who saved every bit of their birthday or allowance money for a new game, but we were expected to target them the hardest because they were the easiest to manipulate.
 

Hudson

Supreme Champion!!!!!
Donator
Jan 14, 2002
32,840
4,566
898
Land of misfit toys
#4
GameStop told customers that used copies of games came with all of the Downloadable Content (DLC).

However, they did not, and to purchase download codes for the DLC that GameStop had cost more than
purchasing the games brand new.

GameStop is a douchey store.

http://www.screwattack.com/news/gamestop-denied-motion-dismiss-used-games-lawsuit

http://www.screwattack.com/news/gamestop-denied-motion-dismiss-used-games-lawsuit
I liked this:
PS4 Dev Thrashes GameStop’s Business Model
“You can’t make a living at the expense of everybody else.”
by Colin Moriarty
July 22, 2013

Developer Ready at Dawn may be best-known for its exceptional God of War games on PSP, but it’s the studio's upcoming foray into the next-gen space that has PlayStation gamers excited. The Order: 1886, a third-person action game exclusive to PS4, is currently under development at the small Southern California development house.

On the heels of the game’s announcement at E3, Ru Weerasuriya, founder of Ready at Dawn, gave a fascinating interview to Games Industry International, in which he lambasted GameStop’s business model, in particular pertaining to sales of used games.

“I think the problem is right now there are retail outlets that are really taking everybody for a ride,” he said. “You can’t make a living at the expense of everybody else.” Weerasuriya noted that both consumers and developers are getting the short end of the stick because of the repercussions of the used games market.

“I walked into a GameStop, asked for a new copy of a game and without telling me [the store clerk] tried to slip me a used copy and wanted to sell it to me for $5 less,” he later explained. “I flipped out in front of the guy. I was like, ‘Dude, wrong guy... You’re doing this to the wrong guy’... There are developers out there who are making games for [years] and some of them will go down purely because the revenue stream is basically flawed and creating this place where developers don’t see even a little part of it.”

Weerasuriya’s solution is simple: “I don’t think we should stop used games, but we should do something about getting part of the revenue back from GameStop and places like that. That’s not penalizing consumers; they’ll still get what they want.”
 

Norm Stansfield

私は亀が好きだ。
Mar 17, 2009
15,949
4,075
328
#5
Did you read Kotaku today? They posted an article about Gamestop charging $90.00 for Xenoblade. A game you can't find anywhere else because it's exclusive to gamestop. Gamestop manufactures the game and controls how many copies are out in the wild. This means they can artificially control supply for the game. Fucking scumbags.
So, for you, it's basically the same level of outrage whether someone commits fraud or sets the price of their games too high?
 

Psychopath

Plata O Plomo
Dec 28, 2008
17,707
3,348
393
hell
#7
So, for you, it's basically the same level of outrage whether someone commits fraud or sets the price of their games too high?
When they monopolize where you can buy the game, yes. You literally can't buy the game anywhere but gamestop. They are artificially inflating the price. They are being anti consumerist scumbags.
 
Aug 13, 2013
6,253
4,735
243
#8
So, for you, it's basically the same level of outrage whether someone commits fraud or sets the price of their games too high?

It's intentionally deceptive for their own financial gain. While it may not be legally defined as fraud, it's motivated by the same duplicity. Keeping it technically legal doesn't make it any less abhorrent.
 

Yesterdays Hero

She's better than you, Smirkalicious.
Jan 25, 2007
16,380
3,921
571
Canada. Land of the Fat.
#9
Did you read Kotaku today? They posted an article about Gamestop charging $90.00 for Xenoblade. A game you can't find anywhere else because it's exclusive to gamestop. Gamestop manufactures the game and controls how many copies are out in the wild. This means they can artificially control supply for the game. Fucking scumbags.
Isn't that supposed to be a kick ass game? I see copies in indie stores for 150.00 or so. Saw an unopened one for 230.00. Supposedly the best rpg in a while, no?
 

Psychopath

Plata O Plomo
Dec 28, 2008
17,707
3,348
393
hell
#12
Oh, shit. I forgot my mom has a Wii. She only uses it for fitness bs and Wii bowling.
 

SOS

ONA
Wackbag Staff
Aug 14, 2000
48,116
8,880
938
USA
#13
DLC exists for several reason:
  1. increase demand
  2. increase revenue
  3. encourage pre-orders
  4. encourage shopping at certain places
  5. hinder piracy
  6. FUCK GaMestop's used game business

Cheap noobs deserve getting ripped off because of their haste and gluttony. All games go down in price. Just wait a few months.
 

Norm Stansfield

私は亀が好きだ。
Mar 17, 2009
15,949
4,075
328
#14
It's intentionally deceptive for their own financial gain. While it may not be legally defined as fraud, it's motivated by the same duplicity. Keeping it technically legal doesn't make it any less abhorrent.
What is the lie?
 
Aug 13, 2013
6,253
4,735
243
#15
Pretending a game is scarce so they can charge almost twice what it cost brand new for a used copy is dishonest. If random copies popped up at random Gamestops here and there, the rarity would be believable. Yet 48 stores within a 20 mile radius of where I'm sitting suddenly have multiple copies in stock. Where did they come from? Did a hundred random people in every city decide to trade theirs in last week? How serendipitous. Maybe Ariel Castro was hiding a truckload in his sex dungeon. That seems way more likely than they just got new stock, unboxed them, and marked them used so they could continue to sell them at the inflated cost.
 

Yesterdays Hero

She's better than you, Smirkalicious.
Jan 25, 2007
16,380
3,921
571
Canada. Land of the Fat.
#16
http://ca.ign.com/articles/2013/08/14/xenoblade-and-metroid-prime-being-restocked-at-gamestop

GameStop issued the following statement to Joystiq today defending their $90 price point for used copies of Xenoblade Chronicles, a notoriously difficult to find game released only through the games retailer and Nintendo’s online store:

"Gamestop regularly receives feedback from our PowerUp members regarding old titles they would like us to bring back, such as vintage games like Xenoblade Chronicles. We were recently able to source a limited number of copies of this title to carry in our stores and online.

In fact, we have sourced several more vintage titles that will be hitting stores in the coming months, including Metroid Prime Trilogy.

As always, our pricing for these games is competitive and is based on current market value driven by supply and demand. PowerUp Pro members always receive a 10 percent discount and earn PUR points on pre-owned purchases.”

Xenoblade Chronicles -- which IGN Selected as the Best Game on Wii in 2012 -- reappeared in stock at Gamestop last week. The original released on Wii on April 6, 2012. Currently, a used copy of Metroid Prime Trilogy costs $84.99 and is listed as not available.

We have reached out to Gamestop for clarification on today’s statement.
Apparently 'The Last Story' > 'Xenoblade'.

I'd rather have 3 seperate games for Metroid Trilogy.
 

Norm Stansfield

私は亀が好きだ。
Mar 17, 2009
15,949
4,075
328
#18
Pretending a game is scarce they can charge almost twice what it cost brand new for a used copy is dishonest.
How is that dishonest? They're not pretending that the game is scarce, they are making it scarce. They decide how many games they want to sell. How are they pretending?

Next you're gonna tell me that Ferrari is dishonest, because they make fewer cars than there's demand for? Where's the dishonesty? A Ferrari 250 GTO costs US $35 million. The reason: because Ferrari only made a few, and they stopped making them. Ferrari made them scarce, on purpose. It enhances their brand.

Everyone knows how this tactic works. Every marketing professional learns about it in first year of college. There's a wikipedia page about it. Everyone applies it openly, as a matter of policy. The people who buy these products buy them precisely because of this policy.

Again: a lie is someone making a false statement. What is the lie? Name the lie. Name the false statement in a company deciding to make fewer products than they could potentially sell, for the purpose of maintaining a high demand for them.
 
Last edited:

Norm Stansfield

私は亀が好きだ。
Mar 17, 2009
15,949
4,075
328
#19
That seems way more likely than they just got new stock, unboxed them, and marked them used so they could continue to sell them at the inflated cost.
If they did that, that would be idiotic. That would be the exact opposite of what they want to do. Making new stock and introducing it into the market would reduce scarcity. You just finished claiming that Gamestop are trying to create scarcity.

They didn't unbox new copies, they bough up old ones and sat on them, to create demand, and a buzz when they finally release them. Just like their statement explains. It's called marketing. It's not dishonest, it's a legitimate tactic meant to arouse people's interest in a product they normally wouldn't give a shit about.
 

Georgie

Registered User
Jul 10, 2013
401
225
83
#20
How about you use some common sense and Google. Everyone knows that DLC codes are a one and done item. If you are going to buy a GOTY edition or a legacy edition of a game that has some of it's content as DLC you have to buy new to get it all. I.E. You buy the GOW collection used it will be missing the PSP titles because the owner before you used the download codes, same with the MGS legacy collection. Games like the Skyrim Legendary Edition can be bought used because all of the DLC is on the disc.

I've lost count of how many people I've told this to just to have them buy the game used anyways and then come stomping back in an hour later demanding a refund and crying about what I had fucking just told them an hour earlier.

This reeks of stupid people just trying to get paid for their stupidity.
 

Psychopath

Plata O Plomo
Dec 28, 2008
17,707
3,348
393
hell
#21
If they did that, that would be idiotic. That would be the exact opposite of what they want to do. Making new stock and introducing it into the market would reduce scarcity. You just finished claiming that Gamestop are trying to create scarcity.

They didn't unbox new copies, they bough up old ones and sat on them, to create demand, and a buzz when they finally release them. Just like their statement explains. It's called marketing. It's not dishonest, it's a legitimate tactic meant to arouse people's interest in a product they normally wouldn't give a shit about.
No, they are new copies marked with a used sticker. All of the copies that are being marked as used have unused club nintendo cards inside of them. You can only get club nintendo cards in new copies of the game. Gamestop is just fucking people over by upping the price. I don't understand why you are defending them, what they are doing is wholly unethical.
 

Norm Stansfield

私は亀が好きだ。
Mar 17, 2009
15,949
4,075
328
#22
No, they are new copies marked with a used sticker. All of the copies that are being marked as used have unused club nintendo cards inside of them. You can only get club nintendo cards in new copies of the game. Gamestop is just fucking people over by upping the price. I don't understand why you are defending them, what they are doing is wholly unethical.
Can I play this game too?

What they're actually doing is making all their games out of the spines of infants. What they are doing is murder. How do I know? Why else would they have club nintendo cards in them? That proves it.