Lawsuit Targets GameStop over “Free” DLC

March 26, 2010 -

A gamer has launched a class action suit against GameStop over what he deems deceptive practices in the retailer's used games sales.

Plaintiff James Collins purchased a used copy of Dragon Age: Origins from a GameStop in Hayward, California according to a story on IGN. The game’s box art advertised that free content could be downloaded for the game, but of course the original owner of the title had already redeemed the free downloadable content, leaving Collins out of luck.

Collins, who paid $54.99 for the used game, saved about $5 off the list price of a new copy, then found out he could pay buy the extra content for $15, leaving him $10 poorer than if he had originally purchased a new copy of the game.

Collins attempted to return the game, but was rebuffed, since GameStop’s seven day return policy had lapsed. Collins’ complaint states that “GameStop tricks consumers into paying more for a used game than they would have if they purchased the same game and content new.”

The defendant compares the practice to “selling a used book to customers without telling them that there are chapters missing.”

Plaintiff is seeking punitive damages and an order for defendants to “engage in corrective advertising,” in addition to interest on monies “wrongfully obtained” and a recovery of fess associated with the lawsuit.

The back of the Dragon Age: Origins box says “Includes: Downloadable character and quest, A $15 Value.” In small print it reads “One-time use code available with full retail purchase.”

IGN has the full complaint up here.


Thanks Andrew!


Comments

Re: Lawsuit Targets GameStop over “Free” DLC

Then it's a good thing for the plaintiffs that you're not the one they have to sell.

And if you're going to put something between quotation marks, you should at least try to put what was actually said.

Re: Lawsuit Targets GameStop over “Free” DLC


you're correct for all of those.  Now if James Collin is reading GP, maybe he'll learn his flaw and drop the lawsuit.  Because what that guy is doing is just stupid and need to drop the lawsuit and he doesn't have a case.

To James Collins (if he reading this):   You're making an ass out of yourself.  Please drop the lawsuit.  

 

 

Re: Lawsuit Targets GameStop over “Free” DLC

I hope so much that you are right.

 
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IronPatriotZachary said " findany information about a formal appeals process." I did a simple search and found two places on the esrb site with the info. Just sayin.05/29/2015 - 3:57am
IronPatriotOn Google I get "1 Written Testimony of Patricia E. Vance President ... - ESRB" http://www.esrb.org/about/news/downloads/pvtestimony_6_14_06.pdf05/29/2015 - 3:55am
Andrew EisenNow, that post on GameFAQs was made four years ago. It appears the ESRB has since moved the appeals process stuff behind the publisher login on its website.05/29/2015 - 3:32am
Andrew EisenOh, third link on the Google search. Okay. That leads to a GameFAQs message board which quotes a section of the ESRB website that includes a description of the appeals process. But when you follow the link, that quote doesn't exist.05/29/2015 - 3:30am
Andrew EisenThird link down from what? Look, I'm not arguing the existance of an appeals process. There obviously is one. I was merely noting that it's odd that it isn't described on the website's ratings process section but it is on the mobile site.05/29/2015 - 3:25am
IronPatriotOK, so use the third link down, which describes the appeals process and is not on the mobile site"Publishers also have the ability to appeal an ESRB rating assignment to an Appeals Board, which is made up of publishers, retailers and other professionals."05/29/2015 - 2:47am
Andrew EisenRight, which links to the ESRB's mobile site. On the website (again, unless I'm overlooking it) the appeals process is locked behind the publisher login.05/29/2015 - 2:37am
IronPatriotHuh? Google "appeals esrb". It is the first link. Click it. No login requested.05/29/2015 - 2:31am
Andrew EisenInteresting. It's on the mobile site but unless I'm overlooking it, I don't see it under the Ratings Process on the web site. It is under the publishers section but you can't access it without a login.05/29/2015 - 2:13am
IronPatriot"Publishers also have the ability to appeal an ESRB rating assignment to an Appeals Board made up of publishers, retailers and other professionals. " Esrb05/29/2015 - 2:01am
IronPatriotZachary, did you look on the esrb site? The esrb appeals process pops up when you search "esrb appeals" http://m.esrb.org/faq_09.php05/29/2015 - 2:00am
Andrew EisenThe humor reminds me a lot of Axe Cop.05/29/2015 - 1:37am
WymorenceOh sweet god, Kung Fury is freaking awesome...05/28/2015 - 10:03pm
E. Zachary KnightWonder, I know you can revise content and resubmit it, but I can't findany information about a formal appeals process.05/28/2015 - 7:27pm
Wonderkarpever wonder if there's an appeals process for AO?05/28/2015 - 6:55pm
Matthew WilsonDanny and Andy play the first couple of levels of the upcoming Hatred http://www.gamespot.com/videos/hatred-gamespot-plays/2300-6425016/ imho it does not look like it should be AO.05/28/2015 - 5:57pm
Andrew EisenHey, remember Kung Fury? That short film that was funded via Kickstarter a few years ago? You can watch it now. I suggest you do. It's fun! https://www.youtube.com/watch?v=bS5P_LAqiVg05/28/2015 - 5:14pm
Goth_SkunkOriginally, yes. Some content was cut out in order to reduce its ratign from AO down to M, but PC users could work around that an unlock the full content by means of a patch. Which is what I did. :D05/28/2015 - 3:56pm
Andrew EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
 

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